United States of America v. Manuel Avaid Machado Sanchez

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MANUEL AVAID MACHADO
SANCHEZ,
Defendant - Appellant.
No. 13-50244
D.C. No. 3:13-cr-00612-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Manuel Avaid Machado Sanchez appeals from the district court's judgment
and challenges the 51-month sentence imposed following his guilty-plea
conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960.
FILED
MAY 21 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Machado Sanchez contends that the district court misapplied the Guidelines
and used improper standards and factors to deny his request for a minor role
adjustment under U.S.S.G. § 3B1.2(b). We review de novo the district court’s
interpretation of the Guidelines and for clear error its factual determination that a
defendant is not a minor participant. See United States v. Rodriguez-Castro, 641
F.3d 1189, 1192 (9th Cir. 2011).
The record reflects that the court followed the Guidelines by comparing
Machado Sanchez’s conduct to that of the average participant and properly
considered the totality of the circumstances in making its minor-role determination.
See U.S.S.G. § 3B1.2 cmt. n.3(A), (C). The district court’s finding that Machado
Sanchez was not substantially less culpable than the average participant was not
clearly erroneous. See U.S.S.G. § 3B1.2 cmt. n.3(A); Rodriguez-Castro, 641 F.3d
at 1192-93.
Machado Sanchez also contends that his sentence is substantively
unreasonable. The district court did not abuse its discretion in imposing Machado
Sanchez’s sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The
sentence in the middle of the advisory Guidelines range is substantively reasonable
in light of the totality of the circumstances and 18 U.S.C. § 3553(a) sentencing
13-50244 2

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factors. See id.
AFFIRMED.
13-50244 3

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