United States of America v. Gustavo Gaytan-Salim

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GUSTAVO GAYTAN-SALIM,
Defendant - Appellant.
No. 14-50493
D.C. No. 3:14-cr-01123-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted October 14, 2015**
Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.
Gustavo Gaytan-Salim appeals from the district court’s judgment and
challenges the 75-month sentence imposed 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.
FILED
OCT 19 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Gaytan-Salim contends that the district court erred by declining to award a
minor-role adjustment under U.S.S.G. § 3B1.2(b). We review a district court’s
interpretation of the Guidelines de novo and its determination that a defendant was
not a minor role participant for clear error. See United States v. Hurtado, 760 F.3d
1065, 1068 (9th Cir. 2014), cert. denied, 135 S.Ct. 1467 (2015). The record
reflects that the court properly applied the Guidelines and our precedent,
considering the totality of the circumstances as well as Gaytan-Salim’s role in the
smuggling operation. See id. at 1068-69; United States v. Rodriguez-Castro, 641
F.3d 1189, 1193 (9th Cir. 2011). The district court did not clearly err in denying
the adjustment. See Hurtado, 760 F.3d at 1068-69.
AFFIRMED.
14-50493 2

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