United States v. Daniel Salazar

FILED

NOT FOR PUBLICATION MAY 21 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-50106

Plaintiff - Appellee, D.C. No. 3:10-cr-03984-WQH

v.

MEMORANDUM *

DANIEL JOSEPH SALAZAR,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Submitted May 15, 2012 **

Before: CANBY, GRABER, and M. SMITH, Circuit Judges.

Daniel Joseph Salazar appeals from the 46-month sentence imposed

following his guilty-plea conviction for importation of cocaine, in violation of

U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we

* 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). affirm.

Salazar contends that the district court procedurally erred by failing to

appreciate its discretion under Kimbrough v.…