FILED
NOT FOR PUBLICATION DEC 30 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50545
Plaintiff - Appellee, D.C. No. 3:12-cr-01433-LAB
v.
MEMORANDUM*
MARTIN YANEZ VERDUGO,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Martin Yanez Verdugo appeals from the district court’s judgment and
challenges the 68-month sentence imposed following his guilty-plea conviction for
importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
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).
Yanez Verdugo contends that the district court erred by denying his request
for a minor role adjustment under U.S.S.G. § 3B1.2(b), because it presumed drug
couriers are ineligible for a minor role adjustment, improperly considered
government evidence in other cases, and improperly considered premeditation.
We review de novo the district court’s interpretation of the Guidelines, for abuse of
discretion the district court’s application of the Guidelines to the facts of the case,
and for clear error its factual determination that a defendant is not a minor
participant. United States v. Rodriguez-Castro, 641 F.3d 1189, 1192 (9th Cir.
2011). We need not decide whether the district court erred because any error was
harmless in light of the district court’s determination, supported by the record, that
Yanez Verdugo failed to prove he was substantially less culpable than the average
participant in the offense. See U.S.S.G. § 3B1.2(b) & cmt. n.3(A); see also
Rodriguez-Castro, 641 F.3d at 1193 (district court did not err in declining to apply
minor role adjustment where defendant, a courier, registered car in his name,
created a “crossing record,” and transported a substantial amount of narcotics).
AFFIRMED.
2 12-50545