FILED
NOT FOR PUBLICATION MAR 16 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50088
Plaintiff - Appellee, D.C. No. 3:13-cr-03593-L
v.
MEMORANDUM*
SEAN DOUGLAS MARCHAN,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
M. James Lorenz, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Sean Douglas Marchan appeals from the district court’s judgment and
challenges the 60-month sentence imposed following his guilty-plea conviction for
importation of methamphetamine, 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).
Marchan contends that the district court erred in denying his request for a
minor role adjustment under U.S.S.G. § 3B1.2(b) by misapplying the Guideline
and relying on improper considerations. We review the district court’s
interpretation of the Guidelines de novo, its application of the Guidelines to the
facts of the case for abuse of discretion, and its factual determination 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 understood and applied the correct legal standard, properly considered the
totality of the circumstances, and did not rely on improper factors in denying the
adjustment. 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), cert. denied, 2015 WL 732229 (U.S. Feb. 23,
2015). The record further supports the court’s conclusion that Marchan failed to
carry his burden of establishing that he was entitled to the adjustment. See
Rodriguez-Castro, 641 F.3d at 1193.
AFFIRMED.
2 14-50088