United States v. Diez Martin

MEMORANDUM **

Jovia Diez Martin appeals from the 136-month sentence imposed following his guilty-plea conviction for possession of cocaine base -with the intent to distribute, in violation of 21 U.S.C. §§ 841 (a), 841(b)(l)(B)(iii), and being a felon in pos *428 session of a firearm, in violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Martin contends that the district court erred when it rejected his request for a downward departure based on duress, pursuant to U.S.S.G. § 5K2.12. He also contends that his sentence is substantively unreasonable. We review both contentions for reasonableness. See United States v. Dallman, 533 F.3d 755, 760-61 (9th Cir.2008); United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc). In light of the totality of the cii'cumstances and the factors set forth in 18 U.S.C. § 3553 (a), we conclude that the sentence is not unreasonable. See Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 597 , 169 L.Ed.2d 445 (2007); Carty, 520 F.3d at 993 . Relatedly, Martin contends that the district court erred by relying on clearly erroneous facts when it rejected his departure request. This…