United States of America v. Toni Maciel

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TONI MACIEL,
Defendant - Appellant.
No. 12-50035
D.C. No. 3:11-cr-03130-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Toni Maciel appeals from the 60-month sentence imposed following his
guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952
and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
SEP 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50035 2
Maciel contends that the district court erred by denying a minor role
adjustment under U.S.S.G. § 3B1.2(b). This argument is without merit. Contrary
to Maciel’s contention, the district court did not state that first-time courier drivers
could never qualify for a minor role adjustment, and the court did not err in
denying the adjustment here. See United States v. Rodriguez-Castro, 641 F.3d
1189, 1193 (9th Cir. 2011).
AFFIRMED.

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