United States v. Jesus Velasquez, Jr.

Good Law
514 F. App'x 665
United States Court of Appeals for the Ninth CircuitMarch 25, 201312-10057California273 words

Opinion

Opinion

MEMORANDUM

Jesus Benjamin Velasquez, Jr., appeals from the district court’s judgment and challenges the 41-month sentence imposed following his guilty-plea conviction for possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(B)(ii)(II). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Velasquez first contends that the district court erred in denying him a role adjustment pursuant to U.S.S.G. § 3B1.2. We review for clear error. See United States v. Cantrell, 433 F.3d 1269, 1282 (9th Cir. 2006). Because Velasquez failed to prove that he was substantially less culpable than the average participant, the district court did not clearly err in denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(A); United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir.2011), cert. denied, — U.S. -, 132 S.Ct. 1061 , 181 L.Ed.2d 778 (2012).

Velasquez next contends that the district court procedurally erred by failing to consider the 18 U.S.C. § 3553 (a) sentencing factors, failing to explain the sentence or why it rejected his mitigating arguments, and treating the Guidelines as mandatory. The record belies these contentions.

Velasquez…

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