NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 30 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50164
Plaintiff - Appellee, D.C. No. 3:13-cr-04128-BEN
v.
MEMORANDUM*
LUIS SANTILLAN,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
Luis Santillan appeals from the district court’s judgment and challenges the
60-month sentence imposed following his guilty-plea conviction for importation of
cocaine and 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).
Santillan contends that the district court erred by denying his request for a
minor-role adjustment under U.S.S.G. § 3B1.2. We review 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). In light of the totality of the circumstances, including Santillan’s
transportation of a substantial amount of cocaine and methamphetamine, the district
court did not clearly err in determining that Santillan was not entitled to the
adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(C); Hurtado, 760 F.3d at 1069.
AFFIRMED.
2 14-50164