United States v. Luis Lopez-Medina

MEMORANDUM

Luis Enrique Lopez-Medina appeals from the district court’s judgment and challenges the 48-month sentence imposed following his guilty-plea conviction for importation of controlled substances, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and dismiss in part.

Lopez-Medina contends that the district court legally erred by misapplying the Guidelines and relying on improper considerations 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 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). The record further supports the court’s conclusion that Lopez-Medina failed to carry his burden of…