United States of America v. LUIS ENRIQUE BELTRAN-BELTRAN, AKA Luis Enrique Villarreal Gaytan

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LUIS ENRIQUE BELTRAN-BELTRAN,
AKA Luis Enrique Villarreal Gaytan,
Defendant-Appellant.
No. 18-10387
D.C. No.
4:11-cr-01470-ROS-DTF-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted November 18, 2019**
Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
Luis Enrique Beltran-Beltran appeals from the district court’s judgment and
challenges the 120-month sentence imposed following his guilty-plea conviction
for conspiracy to attempt to unlawfully export machineguns and unregistered
firearms, in violation of 18 U.S.C. §§ 371, 554(a), 922(o); aiding and abetting
* 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
NOV 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 18-10387
possession of machineguns, in violation of 18 U.S.C. §§ 2, 922(o); and aiding and
abetting possession of unregistered firearms, in violation of 18 U.S.C. § 2. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Beltran-Beltran contends that the district court erred by relying on hearsay
evidence to apply an aggravated role enhancement under U.S.S.G.
§ 3B1.1(a). The district court did not abuse its discretion by relying on hearsay
statements contained in the testimony of two law enforcement agents regarding the
number of individuals involved in the conspiracy. See United States v. Berry, 258
F.3d 971, 976 (9th Cir. 2001). The record reflects that these statements, which
were consistent with each other and with Beltran-Beltran’s own statements, were
sufficiently corroborated to provide the minimal indicia of reliability necessary to
qualify for consideration at the sentencing hearing. See id. at 976-77; see also
U.S.S.G. § 6A1.3(a).
AFFIRMED.

-- 2 of 2 --