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UNITED STATES of America, Plaintiff-Appellee, v. Oscar Alonso ROBLES-SALINAS, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2014-03-13No. No. 13-50067
562 F. App'x 590

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Opinion

majority opinion

MEMORANDUM

Oscar Alonso Robles-Salinas appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for importation of heroin, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Robles-Salinas contends that the district court erred by denying his request for a minor role adjustment under U.S.S.G. § 3B 1.2(b). He argues that the court erred by (i) improperly considering his lack of candor with the probation officer, (ii) engaging in speculation about the type and amount of drugs involved in a prior smuggling venture, and (iii) giving undue consideration to the amount of drugs involved in the instant offense. Contrary to Robles-Salinas’s contention, the court properly considered the totality of the circumstances in making its minor role determination. See U.S.S.G. § 3B1.2 cmt. n. 3(C). Moreover, because Robles-Salinas failed - to prove that he was substantially less culpable than the average participant in the offense, the district court did not clearly err by denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(A); United States v. Rodriguez-Castro, 641 F.3d 1189, 1192-93 (9th Cir.2011).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.