United States v. Manuel Patino

MEMORANDUM

Manuel Alejandro Patino appeals from the district court’s judgment and challenges the 95-month sentence imposed following his guilty-plea conviction for possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Patino claims that the court erred by denying his request for a minor rule re duction pursuant to U.S.S.G. § 3B1.2 because (1) Patino presented sufficient evidence to justify the reduction, and (2) the court improperly relied upon hearsay statements regarding his status as a recruiter to deny the reduction. We review for clear error the district court’s factual determination that a defendant is not a minor participant. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1192 (9th Cir.2011). In light of the record, including Patino’s transportation of a substantial amount of currency and methamphetamine, the court did not clearly err by denying the adjustment. See id. at 1193 . Further, because Patino has not shown that the challenged statements regarding his status as a recruiter were false or unreliable, the district court did not err by considering them. See…