Serrano
United States v. Serrano
Opinion
Lead Opinion
MEMORANDUM **
Jose de Jesus Serrano appeals from the district court’s judgment and 57-month sentence imposed following a guilty-plea conviction for one count of conspiracy to possess with intent to distribute, and to distribute heroin, in violation of 21 U.S.C. § 846 , and three counts of possession with intent to distribute heroin, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Serrano contends that the district court’s imposition of a 57-month sentence was unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). A sentence is reasonable when the district court properly calculates the guidelines range and considers the sentencing factors contained in 18 U.S.C. § 3553 (a). United States v. Marcial-Santiago, 447 F.3d 715, 717 (9th Cir.2006). Here, the district court properly calculated the guidelines range because, contrary to Serrano’s contention, the court did not clearly err in refusing to make a two-level “minor participant” adjustment under U.S.S.G. § 3B1.2(b). See United States v. Cantrell, 433 F.3d 1269 (9th Cir.2006) (“[A] minimal or minor participant adjustment under §…