FILED
NOT FOR PUBLICATION APR 27 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50195
Plaintiff - Appellee, D.C. No. 3:13-cr-04431-LAB
v.
MEMORANDUM*
RAUL FLORES WONG,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Raul Flores Wong appeals from the district court’s judgment and challenges
the 72-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 18 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).
Flores Wong contends that the district court erred by applying an incorrect
legal standard for a minor-role adjustment under U.S.S.G. § 3B1.2(b). We review
de novo the district court’s interpretation of the Guidelines and for clear error the
district court’s factual determination that a defendant is not a minor participant.
See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014), cert. denied
135 S. Ct. 1467 (2015). Contrary to Flores Wong’s contention, the record reflects
that the court properly considered his culpability relative to that of the average
participant in the offense. See U.S.S.G. § 3B1.2 cmt. n.3(A). Further, to the extent
Flores Wong contends that he is entitled to a minor role reduction, the district court
did not clearly err in denying the adjustment. See Hurtado, 760 F.3d at 1069.
AFFIRMED.
2 14-50195