United States v. Jose Chairez-Aceves

MEMORANDUM

Jose Heriberto Chairez-Aceves appeals from the 41-month sentence imposed following his guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960 and 18 U.S.C. § 2 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Chairez-Aceves first contends that the district court erred in denying him a minor role adjustment under U.S.S.G. § 3B1.2(b). Although Chairez-Aceves was a passenger in the car during the border crossing, the record reflects that the drug load on that trip was substantial, that he voluntarily made the trip, that he suspected or knew he was engaging in criminal activity, and that he tried to allay the suspicions of the border agent. Furthermore, the record permits the inference that this was Chairez-Aceves’ second trip across the border with drugs. On this record, the court’s denial of a minor role adjustment was not clearly erroneous. See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir.2006) (stating standard of review and holding that denial of minor role adjustment was not clear error where evidence showed that the defendant, although not a principal, voluntarily went to pick up large quantities of…