USA v. Pedro Araujo-Quinonez, No. 10-10073 (9th Cir. 2011)

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FILED JAN 05 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-10073 D.C. No. 4:09-cr-00789-RCC v. MEMORANDUM * PEDRO ARAUJO-QUINONEZ, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Jack Zouhary, District Judge, Presiding Submitted December 14, 2010 ** Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges. Pedro Araujo-Quinonez appeals from the 50-month sentence imposed following his guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952(a), 960(a)(1) and (b)(1)(B)(ii), and possession with intent to * 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). distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(ii)(II). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Araujo-Quinonez contends that the district court procedurally erred by failing to grant a minor-role adjustment. The district court did not err by denying the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir. 2006). Araujo-Quinonez also contends that the district court erred by not granting him a departure for aberrant behavior. Araujo-Quinonez s argument lacks merit. See United States v. Dallman, 533 F.3d 755, 760-62 (9th Cir. 2008). AFFIRMED. 2 10-10073

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