Montoya-Campillo

United States v. Montoya-Campillo

Good Law
370 F. App'x 837
United States Court of Appeals for the Ninth CircuitMarch 10, 201006-10255California349 words

Opinion

Opinion

MEMORANDUM

Luis Alberto Montoya-Campillo appeals from the 121-month sentence imposed following his guilty-plea conviction for pos session with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), (b)(l)(A)(viii), and importation of methamphetamine, in violation of 21 U.S.C. §§ 952 (a) and 960(a)(1), (b)(1)(H). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Montoya-Campillo contends that the district court erred when it denied his request for a minor role adjustment, pursuant to U.S.S.G. § 3B1.2(b). The record indicates that the district court applied the correct legal standards and did not clearly err by denying the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir.2006); see also United States v. Lui, 941 F.2d 844, 849 (9th Cir.1991); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000).

Montoya-Campillo also contends that the district court plainly erred when it concluded that it lacked the authority to review the government’s refusal to move for a third point adjustment for acceptance of responsibility, pursuant to U.S.S.G. § 3El.l(b). This contention lacks merit because Montoya-Campillo has not…

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