Soto-Hinojosa

United States v. Soto-Hinojosa

Good Law
305 F. App'x 472
United States Court of Appeals for the Ninth CircuitDecember 30, 2008No. 07-10354California248 words

Opinion

Lead Opinion

MEMORANDUM **

Ignacio Soto-Hinojosa appeals from the 168-month sentence imposed after his guilty-plea conviction for possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Soto-Hinojosa contends that the district court clearly erred by denying him a miti *473 gating role reduction pursuant to U.S.S.G. § 3B1.2. We conclude that the district court did not clearly err in finding that Soto-Hinojosa was not a minimal or minor participant in the criminal activity. See United States v. Awad, 371 F.3d 583, 591 (9th Cir.2004).

Soto-Hinojosa also contends that the district court clearly erred by denying him safety-valve relief pursuant to U.S.S.G. § 5C1.2. We conclude that the district court did not clearly err in finding SotoHinojosa ineligible. See United States v. Mejia-Pimental, 477 F.3d 1100, 1104 (9th Cir.2007); United States v. Miller, 151 F.3d 957, 961 (9th Cir.1998).

Soto-Hinojosa further contends that the district court erred by denying his motion for a downward departure based on the 18 U.S.C. § 3553 (a) factors and that his sentence is, therefore, substantively…

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