NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 15 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50277
Plaintiff - Appellee, D.C. No. 3:13-cr-04331-BEN
v.
MEMORANDUM*
BLADIMIR PEREZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted April 7, 2015**
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.
Bladimir Perez appeals from the district court’s judgment and challenges the
87-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).
Perez challenges the district court’s denial of a minor-role reduction under
U.S.S.G. § 3B1.2, claiming that the district court incorrectly interpreted and
applied the Guideline in denying the reduction. We review the district court’s
interpretation of the Guidelines de novo and its finding that a defendant is not a
minor participant for clear error. See United States v. Hurtado, 760 F.3d 1065,
1068 (9th Cir. 2014). Contrary to Perez’s contention, the record reflects that the
district court properly considered the totality of the circumstances and Perez’s
culpability relative to that of the average participant. See U.S.S.G. § 3B1.2 cmt.
n.3(A) & (C); Hurtado, 760 F.3d at 1068-69. Moreover, because Perez was the
registered owner and sole occupant of a vehicle in which a substantial amount of
drugs were discovered, and he admitted to previously crossing the border with
drugs, the district court did not clearly err in holding that he was not a minor
participant. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir.
2011).
AFFIRMED.
2 14-50277