United States of America v. Fidel Angel-Ruiz

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
FIDEL ANGEL-RUIZ,
Defendant-Appellant.
No. 15-50529
D.C. No. 3:15-cr-01029-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted February 14, 2017**
Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Fidel Angel-Ruiz appeals from the district court’s judgment and challenges
the 78-month sentence imposed following his guilty-plea conviction for
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.
FILED
FEB 27 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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Angel-Ruiz contends that the district court clearly erred when it denied his
request for a minor role adjustment under U.S.S.G. § 3B1.2. The record reflects
that the court properly compared Angel-Ruiz to his co-participants in the offense,
and considered all of the factors enumerated in the commentary to the minor role
Guideline. See U.S.S.G. § 3B1.2 cmt. n.3(C) (2015); United States v. Quintero-
Leyva, 823 F.3d 519, 523 (9th Cir. 2016). In light of the totality of the
circumstances, including Angel-Ruiz’s repeated involvement in transporting drugs
into the United States and money back to Mexico, we conclude that the district
court did not clearly err in finding that Angel-Ruiz was not a minor participant.
See Quintero-Leyva, 823 F.3d at 522-23.
AFFIRMED.
15-50529 2

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