United States of America v. Alfonso Banderas-Martinez, a.k.a. Alfonso Martinez-Solorio

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
ALFONSO BANDERAS-MARTINEZ,
a.k.a. Alfonso Martinez-Solorio,
Defendant-Appellant.
No. 17-30232
D.C. No. 1:16-cr-00053-SPW
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted October 22, 2018**
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
Alfonso Banderas-Martinez appeals from the district court’s judgment and
challenges the 120-month sentence imposed following his guilty-plea conviction
for possession with intent to distribute methamphetamine, in violation of 21 U.S.C.
§ 841(a)(1), (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we
* 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).
FILED
OCT 29 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-30232
affirm.
Banderas-Martinez contends that the district court erred by denying a minor
role adjustment under U.S.S.G. § 3B1.2. We review the district court’s factual
findings for clear error and its application of the Guidelines to the facts for abuse
of discretion. See United States v. Gasca-Ruiz, 852 F.3d 1167, 1170 (9th Cir.
2017) (en banc). The record shows that the district court denied the minor role
adjustment after considering each of the factors, see U.S.S.G. § 3B1.2 cmt. n.3(C),
and did not base the denial on clearly erroneous factual findings. The district
court’s decision to deny a minor role reduction was not an abuse of discretion in
light of Banderas-Martinez’s participation in multiple high-quantity deliveries to
several lesser associates and the amount of methamphetamine involved in the
offense. See United States v. Quintero-Leyva, 823 F.3d 519, 523 (9th Cir. 2016).
AFFIRMED.

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