United States v. Jesus Arreola-Beltran

MEMORANDUM

Jose Octavio Arreola-Beltran (“Arreola-Beltran”) appeals two separate two-level upward adjustments to his sentence, and the substantive reasonableness of his sentence. He was convicted by a jury for possession with intent to deliver methamphetamine and conspiracy with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(A). Ar-reola-Beltran was convicted in a joint-trial with co-defendant Lucio Landeros-Valdez (“Landeros-Valdez”). The third participant in the crime, Jose Gabriel Virgen (“Virgen”), cooperated with the government and testified at the joint-trial. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

1. Arreola-Beltran appeals a two-level upward adjustment for his role as an “organizer, leader, manager, or supervisor in any criminal activity” of at least “one or more other participants.” U.S.S.G. § 3Bl.l(c) cmt. n. 2. We review the district court’s factual finding that Arreola-Beltran was an organizer or leader of criminal activity for clear error. United States v. Rivera, 527 F.3d 891 (9th Cir.2008). We review the application of the Sentencing Guidelines to the facts for abuse of discretion. United States v.…