United States of America v. Charu Brazil Adams

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHARU BRAZIL ADAMS,
Defendant-Appellant.
No. 17-50291
D.C. No. 3:15-cr-00370-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted June 12, 2018 **
Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.
Charu Brazil Adams appeals from the district court’s judgment and
challenges the 66-month sentence imposed upon remand following his guilty-plea
conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952
and 960. We have jurisdiction under 28 U.S.C. §1291, and we affirm.
* 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
JUN 15 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-50291
Adams contends that the district court erred in denying a minor role
adjustment under U.S.S.G. § 3B1.2 by misapplying the factors listed in the
commentary to the Guideline. 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 did not abuse its
discretion in applying the facts of Adams’ case, including Adams’ decision to sign
the vehicle registration paperwork and Adams’ prior successful importation
crossing, to the Guidelines.
AFFIRMED.

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