United States v. Gabriel Ruiz-Gerardo

MEMORANDUM

Gabriel Ruiz-Gerardo appeals from the district court’s judgment and challenges the 70-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)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Ruiz-Gerardo contends that the district court legally erred in denying his request for a minor role adjustment under U.S.S.G. § 3B1.2(b). Specifically, he argues that the district court improperly excluded him from consideration for the role adjustment based on his courier status. In the alternative, he argues that the court did consider his eligibility for an adjustment, but failed to assess his culpability to that of all of the other participants in the offense. We review the district court’s interpretation of the Guidelines de novo and its factual determination that a defendant is not a minor participant for clear error. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1192 (9th Cir.2011). The record reflects that the court did not deny the adjustment on the ground that Ruiz-Gerardo was a courier. Rather, the court applied the correct legal standard,…