USA V. TEODORO LEON-VARGAS, No. 13-50253 (9th Cir. 2014)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 22 2014 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-50253 D.C. No. 3:12-cr-04970-LAB v. MEMORANDUM* TEODORO LEON-VARGAS, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted May 13, 2014** Before: CLIFTON, BEA, and WATFORD, Circuit Judges. Teodoro Leon-Vargas appeals from the district court s judgment and challenges the 68-month sentence imposed following his guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * 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). Leon-Vargas contends that the district court erred by considering the amount of drugs involved in the offense when it denied his request for a minor role adjustment under U.S.S.G. § 3B1.2(b). This contention is foreclosed. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1192-93 (9th Cir. 2011) (relying in part on the quantity of drugs involved to affirm denial of minor role adjustment); see also Newdow v. Lefevre, 598 F.3d 638, 644 (9th Cir. 2010) (a three-judge panel is bound by circuit precedent unless it is clearly irreconcilable with intervening higher authority). AFFIRMED. 2 13-50253

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