USA V. CARLOS CERVANTES, No. 15-50405 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUL 17 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. U.S. COURT OF APPEALS 15-50405 D.C. No. 2:14-cr-00571-AB-3 v. MEMORANDUM* CARLOS ANTONIO CERVANTES, Defendant-Appellant. Appeal from the United States District Court for the Central District of California André Birotte, Jr., District Judge, Presiding Submitted July 11, 2017** Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges. Carlos Antonio Cervantes appeals from the district court’s judgment and challenges the 78-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). §§ 841(a)(1), (b)(1)(C), and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Cervantes contends that he is entitled to resentencing under United States v. Quintero-Leyva, 823 F.3d 519 (9th Cir. 2016), because the district court did not consider the 2015 amendment to the minor role guideline, U.S.S.G. § 3B1.2, when evaluating his request for a minor role reduction. We decline to remand because the record reflects that the district court considered the amendment in concluding that Cervantes and his two co-conspirators were not entitled to a minor role adjustment. The record makes clear that the court would not reach a different conclusion if Cervantes’s case were remanded. AFFIRMED. 2 15-50405

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