United States v. Ivan Lopez-Ilustre

MEMORANDUM

Ivan De Jesus Lopez-Ilustre appeals from the district court’s judgment and challenges the 72-month sentence imposed following his guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 & 960. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lopez-Ilustre contends that the district court procedurally erred by failing to award him a mitigating role adjustment under U.S.S.G. § 3B1.2. We review the district court’s interpretation of the Sentencing Guidelines de novo, its application of the Guidelines to the facts of the case for abuse of discretion, and its determination that a defendant was not a minor participant for clear error. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir.2014).

Contrary to Lopez-Ilustre’s argument, the record shows that the district court properly applied the Sentencing Guidelines and our precedent, basing its denial of the adjustment on the totality of the circumstances and a comparison of Lopez-Ilus-tre’s culpability to that of other individuals in the smuggling operation. See U.S.S.G. § 3B1.2 cmt. n. 3(A), (C); Hurtado, 760 F.3d at 1068-69 . The district court appropriately . required…