USA v. Jose de Jesus Marrujo Meza, No. 09-10192 (9th Cir. 2010)

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FILED SEP 29 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-10192 D.C. No. 4:08-CR-01014-JMR v. MEMORANDUM * JOSE DE JESUS MARRUJO MEZA, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona John M. Roll, Chief Judge, Presiding Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Jose de Jesus Marrujo Meza appeals from the 120-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(iii); importation of methamphetamine, in violation of 21 U.S.C. §§ 952(a) and * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 960(b)(1)(H); possession with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(i); and importation of heroin, in violation of 21 U.S.C. §§ 952(a) and 960(b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Meza contends that the district court erred by denying the mitigating role adjustment at U.S.S.G. § 3B1.2. Under the facts of this case, the district court did not clearly err by denying the adjustment for a minimal or minor participant. See United States v. Cantrell, 433 F.3d 1269, 1282 (9th Cir. 2006) (describing standard); see also United States v. Lui, 941 F.2d 844, 849 (9th Cir. 1991) (stating that a defendant may be a courier without being either a minimal or a minor participant, and that possession of a substantial amount of narcotics is grounds for refusing to grant a sentence reduction ). AFFIRMED. 2 09-10192

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