Santos-Serna

United States v. Santos-Serna

Good Law
86 F. App'x 238
United States Court of Appeals for the Ninth CircuitDecember 16, 2003No. 03-30239; D.C. No. CR-02-60024-ALACalifornia384 words

Opinion

Lead Opinion

MEMORANDUM **

Jose De Los Santos-Serna appeals his 121-month sentence imposed following a guilty plea conviction for illegal reentry into the United States, in violation of 8 U.S.C. § 1326 , and conspiracy to distribute and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(l)(B)(viii) and 846. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

Santos-Serna contends that the district court erred by denying his request for a mitigating role reduction pursuant to U.S.S.G. § 3B1.2 by relying on an uncorroborated hearsay statement from an accomplice. Because the district court specifically stated it relied on evidence other *240 than the hearsay statement, it did not abuse its discretion. Cf. United States v. Corral, 172 F.3d 714, 716-17 (9th Cir.1999) (vacating and remanding where district court did not state whether it was relying on an uncorroborated hearsay statement contained in a presentence report).

Santos-Serna next contends that the district court erred by failing to find that he played a mitigating role in the offense. Because the only evidence introduced by Santos-Serna in support of the…

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