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United States v. Ramirez-Armas

Citation: 314 F. App'x 81Docket: No. 08-50156

Court: Court of Appeals for the Ninth Circuit; February 25, 2009; Federal Appellate Court

Narrative Opinion Summary

Jorge Daniel Ramirez-Armas appeals his 87-month sentence following a guilty plea for importation of methamphetamine and aiding and abetting, violating 18 U.S.C. § 2 and 21 U.S.C. §§ 952 and 960. The court has jurisdiction under 28 U.S.C. § 1291 and affirms the sentence. Ramirez-Armas argues that the district court erred by denying a minor role adjustment under U.S.S.G. § 3B1.2(b), but the court found no error, referencing precedents from *United States v. Cantrell* and *United States v. Hursh*. He also claims his sentence is unreasonable because the district court did not consider his cooperation with the government, but the court deemed the sentence reasonable, citing *United States v. Carty*. The decision is affirmed and is not suitable for publication or precedent, except as specified by 9th Cir. R. 36-3.

Legal Issues Addressed

Denial of Minor Role Adjustment under U.S.S.G. § 3B1.2(b)

Application: The district court's decision to deny a minor role adjustment is upheld, finding no error in its application.

Reasoning: Ramirez-Armas argues that the district court erred by denying a minor role adjustment under U.S.S.G. § 3B1.2(b), but the court found no error, referencing precedents from *United States v. Cantrell* and *United States v. Hursh*.

Jurisdiction under 28 U.S.C. § 1291

Application: The appellate court has jurisdiction to review the sentence following a guilty plea.

Reasoning: The court has jurisdiction under 28 U.S.C. § 1291 and affirms the sentence.

Publication and Precedent Restrictions

Application: The decision is not suitable for publication or as a precedent except where specified by the Ninth Circuit rules.

Reasoning: The decision is affirmed and is not suitable for publication or precedent, except as specified by 9th Cir. R. 36-3.

Reasonableness of Sentence

Application: The appellate court deems the sentence reasonable despite the appellant's claim of cooperation with the government not being considered.

Reasoning: He also claims his sentence is unreasonable because the district court did not consider his cooperation with the government, but the court deemed the sentence reasonable, citing *United States v. Carty*.