USA V. JONATHAN SALAS-ALVAREZ, No. 15-50500 (9th Cir. 2017)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS JAN 23 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 15-50500 D.C. No. 3:15-cr-00906-LAB v. MEMORANDUM* JONATHAN SALAS-ALVAREZ, Defendant-Appellant, Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted January 18, 2017** Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges. Jonathan Salas-Alvarez appeals from the district court’s judgment and challenges the 70-month sentence imposed following his guilty-plea conviction for * 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). 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. Salas-Alvarez contends that the district court erred by denying him a minor role adjustment under U.S.S.G. § 3B1.2 on the basis of an incorrect presumption that the Guidelines preclude a minor role adjustment for drug couriers involved in importing large quantities of methamphetamine. We review the district court’s interpretation of the Sentencing Guidelines de novo. See United States v. Quintero-Leyva, 823 F.3d 519, 522 (9th Cir. 2016). The record does not support Salas-Alvarez’s argument that the district court applied a categorical rule that no courier of methamphetamine over a certain quantity may qualify for a minor role adjustment. Rather, the record demonstrates that the district court properly evaluated Salas-Alvarez’s case under the factors enumerated in the commentary to U.S.S.G. § 3B1.2, comparing him to the other known participants in the drugtrafficking activity and considering the totality of circumstances. See U.S.S.G. § 3B1.2 cmt. n.3(c); Quintero-Leyva, 823 F.3d at 522-23. AFFIRMED. 2 15-50500

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.