United States of America v. Eric Bautista

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ERIC BAUTISTA,
Defendant-Appellant.
No. 15-50489
D.C. No. 3:15-cr-01613-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Eric Bautista appeals from the district court’s judgment and challenges the
60-month sentence imposed following his guilty-plea convictions for importation
of heroin and methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
FEB 21 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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Bautista contends that the district court erred by failing to apply the revised
commentary when considering his request for a minor role reduction under
U.S.S.G. § 3B1.2(b). We review the district court’s interpretation of the
Guidelines de novo. See United States v. Quintero-Leyva, 823 F.3d 519, 522 (9th
Cir. 2016). The record reflects that Bautista’s counsel discussed the five factors
enumerated in the commentary during the sentencing hearing and, contrary to
Bautista’s suggestion, the district court was not required to “tick off” these factors,
see United States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc), nor was it
required to weigh the factors in a particular manner, see Quintero-Leyva, 823 F.3d
at 523.
AFFIRMED.
15-50489 2

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