NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT SEP 01 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 14-50407
Plaintiff - Appellee, D.C. No. 3:14-cr-00031-DMS
v.
MEMORANDUM*
JUAN MUANUEL COTA-CHAVEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Juan Muanuel Cota-Chavez appeals from the district court’s judgment and
challenges the 48-month sentence imposed following his guilty-plea conviction for
importation of methamphetamine and heroin, 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).
Cota-Chavez contends that the district court erred when it denied his request
for a minor role adjustment under U.S.S.G. § 3B1.2(b) by (i) failing to compare his
culpability to that of others involved in the offense, (ii) failing to consider his
limited knowledge about the smuggling operation, and (iii) relying on improper
factors. We review de novo the district court’s interpretation of the Guidelines and
for clear error its factual determination that a defendant is not a minor participant.
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, 135 S. Ct. 1467 (2015). The record further supports the court’s conclusion
that Cota-Chavez failed to carry his burden of establishing that he was entitled to
the adjustment. See Rodriguez-Castro, 641 F.3d at 1193.
AFFIRMED.
2 14-50407