United States v. Victor Valladares-Real

FILED
NOT FOR PUBLICATION DEC 05 2013

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 12-50000

Plaintiff - Appellee, D.C. No. 3:10-cr-05025-H

v.
MEMORANDUM*
VICTOR VALLADARES-REAL,

Defendant - Appellant.

Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding

Submitted November 19, 2013**

Before: CANBY, TROTT, and THOMAS, Circuit Judges.

Victor Valladares-Real appeals from the district court’s judgment and

challenges the 168-month sentence imposed following his guilty-plea conviction

for conspiracy to distribute controlled substances, in violation of 21 U.S.C.

*
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).
§§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we

affirm.

Valladares-Real contends that the district court erred by denying him a two-

level minor-role adjustment under U.S.S.G. § 3B1.2(b). We review for clear error,

see United States v. Rosas, 615 F.3d 1058, 1066 (9th Cir. 2010), and find none.

Because Valladares-Real failed to demonstrate that he was “substantially less

culpable than the average participant,” the district court correctly denied the

adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(A); Rosas, 615 F.3d at 1067.

Valladares-Real’s argument that our decision in United States v. Rojas-Millan,

234 F.3d 464 (9th Cir. 2000), compels a different result is unavailing.

AFFIRMED.

2 12-50000