FILED
NOT FOR PUBLICATION NOV 21 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50054
Plaintiff - Appellee, D.C. No. 3:13-cr-03257-H
v.
MEMORANDUM*
JESSE GARCIA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Jesse Garcia appeals from the district court’s judgment and challenges the
21-month sentence imposed following his guilty-plea conviction for importation of
opium, 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).
Garcia contends that the district court committed three legal errors in
denying his request for a minor role adjustment under U.S.S.G. § 3B1.2(b). He
contends that the court: (i) failed to consider his relative culpability; (ii) failed to
take into account his lack of actual knowledge of the drugs in the car or the
structure and operations of the smuggling operation; and (iii) improperly focused
on the offense of conviction, rather than the larger criminal scheme. We review
the district court’s interpretation of the Guidelines de novo and its factual finding
that a defendant is not a minor participant for clear error. See United States v.
Rodriguez-Castro, 641 F.3d 1189, 1192 (9th Cir. 2011). The record reflects that
the district court applied the correct legal standard, assessing Garcia’s culpability
relative to that of other participants in the overall criminal scheme by looking at the
totality of the circumstances. See U.S.S.G. § 3B1.2 cmt. n.3(A), (C); United States
v. Hurtado, 760 F.3d 1065, 1068-69 (9th Cir. 2014). Moreover, because Garcia
failed to establish that he was substantially less culpable than the average
participant, the district court did not clearly err by denying the adjustment. See
Rodriguez-Castro, 641 F.3d at 1193.
AFFIRMED.
2 14-50054