United States v. Luis Cibrian-Quintero

MEMORANDUM

Luis Cibrian-Quintero (“Cibrian”), a citizen of Mexico, appeals from the 84-month sentence imposed by the United States District Court for the Southern District of California for importing marijuana into the United States in violation of 21 U.S.C. §§ 952 and 960. Cibrian contends that the district court erred in attributing to him the total amount of marijuana that he and his companions carried rather than only the amount that he personally carried, improperly increasing his base offense level under the United States Sentencing Guidelines (“U.S.S.G.”). We affirm the district court.

We review the district court’s interpretation of the Guidelines de novo and its application of the Guidelines to the facts of the case for abuse of discretion. United States v. Dallman, 533 F.3d 755, 760 (9th Cir.2008) (citing United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006)). A district court’s determination as to whether a defendant is responsible for the drugs imported by his codefendants is a factual finding, which we review for clear error. See United States v. Palafox-Mazon, 198 F.3d 1182, 1186 (9th Cir.2000) (citing United States v. Asagba, 77 F.3d 324, 325 (9th…