United States v. Martinez

MEMORANDUM ** Alfredo Martinez appeals from the 21-month sentence imposed after his guilty-plea conviction for importation, possession and intent to distribute marijuana, in violation of 21 U.S.C. §§ 952 , 960, and 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Martinez contends that the district court judge erred by treating the advisory Sentencing Guidelines range as a “presumptive” sentence and failed to consider any of the factors enumerated in 18 U.S.C. § 3553 (a). Additionally, Martinez contends that the district court erred in failing to grant him a “minor participant” downward adjustment pursuant to U.S.S.G. § 3B1.2(b). Martinez’s contentions are without merit. We conclude that the district court properly considered the advisory Sentencing Guidelines and § 3553(a) factors in imposing the sentence. See United States v. Mix, 457 F.3d 906, 912 (9th Cir.2006). Accordingly, we conclude that Martinez’s sentence was reasonable. See id. at 914 . We conclude that the district court judge did not err in finding that Martinez was not a “minor participant” due to his role in the drug smuggling operation. See United States v. Davis, 36 F.3d 1424, 1436-37 (9th Cir.1994). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.