Filed: Dec. 22, 2016
Latest Update: Mar. 03, 2020
Summary: FILED NOT FOR PUBLICATION DEC 22 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-50510 Plaintiff-Appellee, D.C. No. 3:15-cr-01690-LAB v. MEMORANDUM* TEODORO RIVERA-GUEVARA, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted December 14, 2016** Before: WALLACE, LEAVY, and FISHER, Circuit Judges. Teodoro Ri
Summary: FILED NOT FOR PUBLICATION DEC 22 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-50510 Plaintiff-Appellee, D.C. No. 3:15-cr-01690-LAB v. MEMORANDUM* TEODORO RIVERA-GUEVARA, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted December 14, 2016** Before: WALLACE, LEAVY, and FISHER, Circuit Judges. Teodoro Riv..
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FILED
NOT FOR PUBLICATION DEC 22 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50510
Plaintiff-Appellee, D.C. No. 3:15-cr-01690-LAB
v.
MEMORANDUM*
TEODORO RIVERA-GUEVARA,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Teodoro Rivera-Guevara appeals from the district court’s judgment and
challenges the 75-month sentence imposed following his guilty-plea conviction for
importation of methamphetamine in violation of 21 U.S.C. §§ 952 and 960. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Rivera-Guevara contends that the district court erred by denying his request
for a minor role reduction under U.S.S.G. § 3B1.2(b). We review the court’s
interpretation of the Guidelines de novo, and its factual finding that a defendant
was not a minor participant for clear error. See United States v. Hurtado,
760 F.3d
1065, 1068 (9th Cir. 2014). The district court properly compared Rivera-
Guevara’s culpability to that of an average participant in his offense. See U.S.S.G.
§ 3B1.2 cmt. n.3(A); United States v. Rojas-Millan,
234 F.3d 464, 473-74 (9th Cir.
2000). Moreover, the district court properly considered Rivera-Guevara’s
arguments and the factors listed in the Guidelines’ revised commentary in finding
that Rivera-Guevara’s role in the offense was not minor, based on the totality of
the circumstances. See U.S.S.G. § 3B1.2 cmt. n.3(C). That finding was not clearly
erroneous in light of Rivera-Guevara’s importing a substantial quantity of
methamphetamine into this country using his own vehicle, and his work as a drug
courier on two previous occasions. See United States v. Rodriguez-Castro,
641
F.3d 1189, 1192-93 (9th Cir. 2011).
AFFIRMED.
2 15-50510