United States of America v. Anthony Christopher Ebbe

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTHONY CHRISTOPHER EBBE,
Defendant - Appellant.
No. 14-50043
D.C. No. 3:13-cr-00427-JAH
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted February 17, 2015**
Before: O’SCANNLAIN, LEAVY, and FERNANDEZ, Circuit Judges.
Anthony Christopher Ebbe appeals from the district court’s judgment and
challenges the 63-month sentence imposed following his guilty-plea conviction for
importation of cocaine and methamphetamine, in violation of 21 U.S.C. §§ 952 and
960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* 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).
FILED
FEB 24 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 14-50043
Ebbe challenges the district court’s denial of a minor-role reduction under
U.S.S.G. § 3B1.2, claiming that the district court incorrectly interpreted and applied
the Guidelines in denying the reduction. We review the district court’s
interpretation of the Guidelines de novo, its application of the Guidelines to the facts
of the case for abuse of discretion, and its finding that a defendant is not a minor
participant for clear error. See United States v. Rodriguez-Castro, 641 F.3d 1189,
1192 (9th Cir. 2011). Contrary to Ebbe’s suggestion, the Guidelines do not
mandate a minor role reduction for couriers. See id. at 1193. Rather, a downward
adjustment may be denied to a courier defendant when an additional factor shows
that he did not play a minor role. See id. The district court did not abuse its
discretion in denying the reduction to Ebbe, who admitted to smuggling drugs for
the drug trafficking organization on at least 30 occasions and who was the registered
owner and sole occupant of the car in which a substantial amount of drugs were
discovered. See id.
AFFIRMED.

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