United States of America v. Oscar Alonso Robles-Salinas

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
OSCAR ALONSO ROBLES-SALINAS,
Defendant - Appellant.
No. 13-50067
D.C. No. 3:12-cr-03464-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Oscar Alonso Robles-Salinas appeals from the district court’s judgment and
challenges the 60-month sentence imposed following his guilty-plea conviction for
importation of heroin, in violation of 21 U.S.C. §§ 952 and 960. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
MAR 13 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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Robles-Salinas contends that the district court erred by denying his request
for a minor role adjustment under U.S.S.G. § 3B1.2(b). He argues that the court
erred by (i) improperly considering his lack of candor with the probation officer,
(ii) engaging in speculation about the type and amount of drugs involved in a prior
smuggling venture, and (iii) giving undue consideration to the amount of drugs
involved in the instant offense. Contrary to Robles-Salinas’s contention, the court
properly considered the totality of the circumstances in making its minor role
determination. See U.S.S.G. § 3B1.2 cmt. n.3(C). Moreover, because Robles-
Salinas failed to prove that he was substantially less culpable than the average
participant in the offense, the district court did not clearly err by denying the
adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(A); United States v. Rodriguez-Castro,
641 F.3d 1189, 1192-93 (9th Cir. 2011).
AFFIRMED.
13-50067 2

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