United States of America v. Jose Maravilla-Leon

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NOT FOR PUBLICATION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.
JOSE MARAVILLA-LEON,
Defendant - Appellant.
No. 11-10404
D.C. No. 4:09-cr-01865-RCC
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding
Submitted March 6, 2012**
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Jose Maravilla-Leon appeals from the 46-month sentence imposed following
his jury-trial conviction for possession with intent to distribute marijuana, in
violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D). We have jurisdiction under
FILED
MAR 09 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10404 2
28 U.S.C. § 1291, and we affirm.
Maravilla-Leon contends that the district court erred by denying a minor role
adjustment pursuant to U.S.S.G. § 3B1.2(b). The district court did not clearly err
in denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(A); United States v.
Hursh, 217 F.3d 761, 770 (9th Cir. 2000).
Maravilla-Leon also contends that because the jury did not make a weight
determination as to the weight of the drugs seized, the district court was limited to
a weight determination of 50 kilograms pursuant to 21 U.S.C. § 841(b)(1)(D).
This argument fails because the district court may determine drug quantity as long
as that determination does not have the effect of increasing the statutory maximum
sentence. See United States v. Alvarez, 358 F.3d 1194, 1211-12 (9th Cir. 2004).
AFFIRMED.

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