United States of America v. Roberto Navarro-Erunes

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERTO NAVARRO-ERUNES,
Defendant - Appellant.
No. 11-10200
D.C. No. 4:10-cr-00449-RCC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding
Submitted February 21, 2012**
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Roberto Navarro-Erunes appeals from the 38-month sentence imposed
following his guilty-plea conviction for conspiracy to possess with intent to
distribute marijuana, in violation of 21 U.S.C. § 846, § 841(a)(1), and
FILED
MAR 05 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10200 2
(b)(1)(B)(vii), and possession with intent to distribute marijuana, in violation of 21
U.S.C. § 841(a)(1) and (b)(1)(B)(vii). We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Navarro-Erunes contends that the district court abused its discretion by
denying a minor role reduction based on a misconception that it lacked the
authority to do so. The record reflects that the district court understood its
authority to grant a downward adjustment on this basis, but found the
circumstances insufficient to warrant the reduction. The district court did not
clearly err by declining to award the minor-role adjustment. See United States v.
Cantrell, 433 F.3d 1269, 1283-84 (9th Cir. 2006).
AFFIRMED.

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