United States v. Rosales-Soto
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 23, 2026
Docket25-3324
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 23 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 25-3324
D.C. No.
Plaintiff - Appellee, 2:20-cr-00024-TJH-3
v.
MEMORANDUM*
DAVID ROSALES-SOTO,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Terry J. Hatter, Jr., District Judge, Presiding
Submitted October 21, 2026**
Pasadena, California
Before: BUMATAY, VANDYKE, and MENDOZA Jr., Circuit Judges.
In this criminal-sentencing appeal, David Rosales-Soto challenges his 60-
month sentence on two grounds: that the district court should have found that he
was a minimal rather than a minor participant in the offense and that his sentence is
*
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).
substantively unreasonable because it creates an unwarranted disparity with his
codefendants’ sentences. We have jurisdiction under 28 U.S.C. § 1291 and 18
U.S.C. § 3742. We affirm.
1. We review the district court’s selection of a sentencing guideline de novo,
findings of fact for clear error, and application of Sentencing Guidelines to the
facts of the case for abuse of discretion. United States v. Gasca-Ruiz, 852 F.3d
1167, 1170 (9th Cir. 2017) (en banc). The district court applied the correct legal
standard in declining to impose a four-level reduction for minimal participation.
The parties addressed United States v. Dominguez-Caicedo, 40 F.4th 938 (9th Cir.
2022), and the U.S.S.G. § 3B1.2 standards in their sentencing memoranda and
again at sentencing, and the court considered that standard in determining that a
two-level minor-role adjustment was warranted.
Nor did the district court abuse its discretion by granting Rosales-Soto a
two-level reduction for minor participation under U.S.S.G. § 3B1.2(b) rather than a
four-level reduction for minimal participation under U.S.S.G. § 3B1.2(a). A
minimal-participant reduction is reserved for a defendant who is “plainly among
the least culpable of those involved in the conduct of [the] group.” U.S.S.G.
§ 3B1.2 cmt. 4. We cannot say the district court’s determination that Rosales-Soto
did not fall within that category was “illogical, implausible, or without support in
inferences that may be drawn from facts in the record.” Gasca-Ruiz, 852 F.3d at
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1175 (quoting United States v. Hinkson, 585 F.3d 1247, 1251 (9th Cir. 2009) (en
banc)). The large quantity of drugs Rosales-Soto was tasked with delivering,
together with the language used in communications between the codefendants,
provided a reasonable basis for finding that his role was greater than that of a
minimal participant. Those considerations bear directly on the factors relevant to
§ 3B1.2. U.S.S.G. § 3B1.2 cmt. 3(C).
2. The district court did not abuse its discretion by imposing a 60-month
sentence. Rosales-Soto points to his sister’s 15-month sentence and another
codefendant’s 29-month sentence and argues that those disparities make his
sentence unreasonable. But “[a] disparity in sentencing among co-defendants is
not, by itself, a sufficient ground for attacking an otherwise proper sentence under
the guidelines.” United States v. Bussell, 504 F.3d 956, 963 (9th Cir. 2007). And
the record shows that the district court adequately considered the relevant
sentencing factors. United States v. Diaz, 884 F.3d 911, 914–15 (9th Cir. 2018)
(“It is also well established that a district court need not tick off sentencing factors
to show that it considered them, because we assume that the district court knows
and applies the law correctly.” (citation modified)). Although Rosales-Soto’s
Guidelines range was 70 to 87 months, probation recommended a 60-month
downward variance. The district court adopted that recommendation. See United
States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (stating that an “adequate
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explanation” for a sentence “may also be inferred from the PSR or the record as a
whole”).
AFFIRMED.
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