United States of America v. Jonathan Salas-Alvarez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JONATHAN SALAS-ALVAREZ,
Defendant-Appellant,
No. 15-50500
D.C. No. 3:15-cr-00906-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Jonathan Salas-Alvarez appeals from the district court’s judgment and
challenges the 70-month sentence imposed following his guilty-plea conviction for
FILED
JAN 23 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent except
as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).

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importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Salas-Alvarez contends that the district court erred by denying him a minor
role adjustment under U.S.S.G. § 3B1.2 on the basis of an incorrect presumption
that the Guidelines preclude a minor role adjustment for drug couriers involved in
importing large quantities of methamphetamine. We review the district court’s
interpretation of the Sentencing Guidelines de novo. See United States v.
Quintero-Leyva, 823 F.3d 519, 522 (9th Cir. 2016). The record does not support
Salas-Alvarez’s argument that the district court applied a categorical rule that no
courier of methamphetamine over a certain quantity may qualify for a minor role
adjustment. Rather, the record demonstrates that the district court properly
evaluated Salas-Alvarez’s case under the factors enumerated in the commentary to
U.S.S.G. § 3B1.2, comparing him to the other known participants in the drug-
trafficking activity and considering the totality of circumstances. See U.S.S.G.
§ 3B1.2 cmt. n.3(c); Quintero-Leyva, 823 F.3d at 522-23.
AFFIRMED.
15-50500 2

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