United States of America v. Ramiro Tony Flores

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NOT FOR PUBLICATION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.
RAMIRO TONY FLORES,
Defendant - Appellant.
No. 09-30274
D.C. No. 1:08-CR-00065-EJL
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted August 23, 2010**
Before: LEAVY, HAWKINS, and THOMAS, Circuit Judges.
Ramiro Tony Flores appeals from the 150-month sentence imposed
following his guilty-plea conviction for conspiracy to distribute methamphetamine
and conspiracy to launder money, in violation of 21 U.S.C. §§ 841(a)(1) and 846,
FILED
SEP 03 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30274 2
and 18 U.S.C. §§ 1956, 1956(h), and 1957. We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Flores contends that the district court violated Federal Rule of Criminal
Procedure 32(i)(3)(B) by applying a four-level leadership role enhancement,
pursuant to U.S.S.G. § 3B1.1(a), without resolving disputed portions of the
presentence investigation report. The district court properly overruled Flores’
objection to the leadership role enhancement as he did not raise any specific factual
disputes that required resolution by the district court. See United States v.
Stoterau, 524 F.3d 988, 1011-12 (9th Cir. 2008); cf. United States v. Carter, 219
F.3d 863, 867-68 (9th Cir. 2000).
AFFIRMED.

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