Hernandez-Haros

United States v. Hernandez-Haros

Good Law
228 F. App'x 775
United States Court of Appeals for the Ninth CircuitApril 20, 2007No. 06-10315California345 words

Opinion

Lead Opinion

MEMORANDUM **

David Alfonso Hernandez-Haros appeals from the 87-month sentence imposed following his guilty-plea conviction for importation of cocaine and possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(A)(ii)(II), 952(a), 960(a)(1), and 960(b)(l)(B)(ii). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Hernandez-Haros contends that the district court erred by failing to apply a downward adjustment for being a minimal or minor participant pursuant to U.S.S.G. § 3B1.2. We disagree. Because the record reflects that Hernandez-Haros knowingly imported a substantial amount of drugs with the expectation of receiving an economic benefit, there was no clear error. See United States v. Davis, 36 F.3d 1424, 1436-37 (9th Cir.1994) (affirming denial of a role adjustment where defendant knew that he was carrying drugs and was prepared to accept an economic benefit); United States v. Lui, 941 F.2d 844, 849 (9th Cir.1991) (stating that “possession of a substantial amount of narcotics” is grounds for refusing to grant either a minor or minimal participant adjustment).

Hernandez-Haros also contends that, at sentencing, the…

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