USA V. ROBERTO NAVARRO-ERUNES, No. 11-10200 (9th Cir. 2012)
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FILED MAR 05 2012 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 11-10200 D.C. No. 4:10-cr-00449-RCC v. MEMORANDUM * ROBERTO NAVARRO-ERUNES, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Roberto Navarro-Erunes appeals from the 38-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846, § 841(a)(1), 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). (b)(1)(B)(vii), and possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(vii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Navarro-Erunes contends that the district court abused its discretion by denying a minor role reduction based on a misconception that it lacked the authority to do so. The record reflects that the district court understood its authority to grant a downward adjustment on this basis, but found the circumstances insufficient to warrant the reduction. The district court did not clearly err by declining to award the minor-role adjustment. See United States v. Cantrell, 433 F.3d 1269, 1283-84 (9th Cir. 2006). AFFIRMED. 2 11-10200
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