United States v. Rubi Martinez-Soto , 588 F. App'x 656 ( 2014 )

FILED
NOT FOR PUBLICATION DEC 17 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10633
Plaintiff - Appellee, D.C. No. 4:13-cr-00482-CKJ
v.
MEMORANDUM*
RUBI ROXANA MARTINEZ-SOTO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Rubi Roxana Martinez-Soto challenges the 48-month, below-Guidelines
sentence imposed by the district court following her guilty-plea conviction for
possession with intent to distribute methamphetamine, in violation of 21 U.S.C.
§ 841(a)(1), (b)(1)(A)(viii), and importation of methamphetamine, in violation of
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
21 U.S.C. §§ 952(a), 960(a)(1) and 960(b)(1)(H). We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Martinez-Soto claims that the district court applied the wrong legal standard
to her request for a minor role reduction under U.S.S.G. § 3B1.2(b). Our review is
de novo. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014). The
district court properly compared Martinez-Soto’s culpability to that of the average
participants in the overall drug trafficking scheme in which she was involved. See
id. at 1068-69.
Moreover, the district court did not clearly err in finding that Martinez-
Soto’s role in the drug trafficking scheme was not minor, given that she was paid
by the traffickers to import a substantial quantity of pure methamphetamine into
this country, and had also worked as a drug courier for them two days before her
arrest. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1192-93 (9th Cir.
2011).
AFFIRMED.
2 13-10633