United States v. Martin Palafox-Cardenas , 482 F. App'x 298 ( 2012 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                             SEP 24 2012
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U .S. C O U R T OF APPE ALS
    FOR THE NINTH CIRCUIT
    UNITED STATES OF AMERICA,                        No. 11-10133
    Plaintiff - Appellee,             D.C. No. 2:10-cr-00157-SMM
    v.
    MEMORANDUM *
    MARTIN ADOLFO PALAFOX-
    CARDENAS,
    Defendant - Appellant.
    Appeal from the United States District Court
    for the District of Arizona
    Stephen M. McNamee, District Judge, Presiding
    Submitted September 10, 2012 **
    Before:        WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
    Martin Adolfo Palafox-Cardenas appeals from the 144-month sentence
    imposed following his guilty-plea conviction for conspiracy to possess with intent
    to distribute methamphetamine, in violation of 
    21 U.S.C. §§ 841
    (a)(1), 841
    *
    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).
    (b)(1)(A)(viii), and 846. We have jurisdiction under 
    28 U.S.C. § 1291
    , and we
    affirm.
    Palafox-Cardenas contends that the district court applied the wrong standard
    in considering his request for a minor role adjustment under U.S.S.G. § 3B1.2(b),
    and clearly erred in denying the adjustment. The record belies the contention that
    the court applied the wrong legal standard in considering the adjustment. Because
    Palafox-Cardenas failed to prove that he was “substantially less culpable than the
    average participant” in the conspiracy, the court did not err in denying the
    adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(A); United States v. Rodriguez-Castro,
    
    641 F.3d 1189
    , 1193 (9th Cir. 2011).
    Palafox-Cardenas also contends that the district court procedurally erred by
    failing to consider all of the 
    18 U.S.C. § 3553
    (a) sentencing factors and by failing
    to explain adequately the sentence imposed in light of his mitigating arguments.
    The district court expressly considered the section 3553(a) factors and adequately
    explained the sentence.
    Finally, Palafox-Cardenas contends that his sentence is substantively
    unreasonable. Under the totality of the circumstances and the section 3553(a)
    sentencing factors, the sentence is substantively reasonable. See Gall v. United
    States, 
    552 U.S. 38
    , 51 (2007).
    AFFIRMED.
    2                                    11-10133
    

Document Info

Docket Number: 11-10133

Citation Numbers: 482 F. App'x 298

Judges: Clifton, Smith, Wardlaw

Filed Date: 9/24/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023