Penunuri-Badillo
United States v. Penunuri-Badillo
Opinion
Lead Opinion
MEMORANDUM **
Gustavo Adolfo Penunuri-Badillo appeals from the 48-month sentence imposed following his guilty-plea conviction for importing cocaine, in violation of 21 U.S.C. §§ 952 (a), 960(a)(1), (b)(l)(B)(ii), and possessing cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1), (b)(l)(A)(ii)(II). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Penunuri-Badillo contends that the district court erred when it failed to apply a minimal role adjustment, pursuant to U.S.S.G. § 3B1.2(a), to his offense level calculation. We conclude that the district court did not err. See United States v. Webster, 996 F.2d 209 , 212 n. 5 (9th Cir.1993); see also United States v. Lui, 941 F.2d 844, 849 (9th Cir.1991).
Penunuri-Badillo also contends that the district court erred when it denied his request for a downward departure based on imperfect duress, pursuant to U.S.S.G. § 5K2.12, and that his sentence is 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). We conclude that the district court did not procedurally…