United States v. Manuel MacHado Sanchez

MEMORANDUM

Manuel Avaid Machado Sanchez appeals from the district court’s judgment and challenges the 51-month sentence imposed following his guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960.

We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Machado Sanchez contends that the district court misapplied the Guidelines and used improper standards and factors to deny his request 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 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 court followed the Guidelines by comparing Macha-do Sanchez’s conduct to that of the average participant and properly considered the totality of the circumstances in making its minor-role determination. See U.S.S.G. § 3B1.2 cmt. n. 3(A), (C). The district court’s finding that Machado Sanchez was not substantially less culpable than the average participant was not clearly erroneous. See U.S.S.G. § 3B1.2 cmt. n. 3(A); Rodriguez-Castro, 641…