United States v. Lozano Castaneda

MEMORANDUM **

Jorge Lozano Castaneda appeals from the district court’s order imposing a 30- *676 month sentence following a remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

Castaneda contends that the district court clearly erred by denying him a downward adjustment pursuant to U.S.S.G. § 3B1.2 for playing a minor role in the offense. We disagree, and we conclude that, given Castaneda’s personal distribution of over ten kilograms of cocaine over the course of several months and his discussion of cocaine quality and quantity with customers, it was not clear error for the district court to conclude that Castaneda failed to meet his burden of proving that he was a minor participant. See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir.2006).

Castaneda also contends that the district court clearly erred by denying him a re-sentencing hearing on remand. The district court, however, was not required to hold such a hearing. See Ameline, 409 F.3d at 1085 .

In addition, Castaneda contends that the district court failed to make findings regarding its reasons…