Naranjo

United States v. Naranjo

Good Law
231 F. App'x 680
United States Court of Appeals for the Ninth CircuitMay 9, 2007No. 06-50241California626 words

Opinion

Lead Opinion

MEMORANDUM **

Jaime Naranjo appeals the 324-month prison sentence imposed by the district court after he pled guilty to conspiracy to aid and abet the manufacture of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 , and conspiracy to possess pseudoephedrine knowing or having reasonable cause to believe that it would be used to manufacture methamphetamine, in violation of 21 U.S.C. § 841 (c)(2). We review the district court’s interpretation of the Sentencing Guidelines de novo, the court’s application of the Sentencing Guidelines to the facts of this case for abuse of discretion, and the court’s factual findings for clear error. United States v. Kimbrew, 406 F.3d 1149, 1151 (9th Cir.2005).

Naranjo’s lesser culpability relative to his co-participants does not automatically entitle him to mitigating role reductions under U.S.S.G. §§ 3B1.2(b) and 2D1.1(a)(3). United States v. Benitez, 34 F.3d 1489, 1498 (9th Cir.1994). Rather, he must be “substantially” less culpable. Id. Given his participation in not just offloading the pseudoephedrine, but also distributing it, the district court’s conclusion that he was not substantially less culpable than his…

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