United States v. Erik Altamirano , 615 F. App'x 875 ( 2015 )

FILED
NOT FOR PUBLICATION SEP 02 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50090
Plaintiff - Appellee, D.C. No. 3:14-cr-03059-BEN
v.
MEMORANDUM*
ERIK ALTAMIRANO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Erik Altamirano appeals from the district court’s judgment and challenges
the 18-month sentence imposed following his guilty-plea conviction for
importation of heroin, in violation of 21 U.S.C. §§ 952, 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 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).
Altamirano contends that the district court applied the wrong legal standard
and considered improper factors when determining whether he was entitled to a
minor role adjustment under U.S.S.G. § 3B1.2(b). We review the district court’s
interpretation of the Sentencing Guidelines de novo. See United States v. Hurtado,
760 F.3d 1065, 1068 (9th Cir. 2014), cert. denied, 135 S. Ct. 1467 (2015). The
district court considered the parties’ arguments and concluded that the record did
not support a finding that Altamirano was entitled to a minor role adjustment. The
court’s rejection of the adjustment was consistent with the guideline and our
precedent. See U.S.S.G. § 3B1.2 cmt. n.3(A) (adjustment available only if
defendant is “substantially less culpable than the average participant”); United
States v. Rosas, 615 F.3d 1058, 1067 (9th Cir. 2010) (defendant’s burden to
establish his entitlement to the adjustment). Finally, the district court was not
required to consider Altamirano’s lack of knowledge of the smuggling enterprise
when determining whether Altamirano played a minor role in the offense. See
U.S.S.G. § 3B1.2 cmt. n.4 (lack of knowledge relevant to minimal participant
adjustment).
AFFIRMED.
2 15-50090