United States v. Raul Wong

Good Law
600 F. App'x 584
United States Court of Appeals for the Ninth CircuitApril 27, 201514-50195California206 words

Opinion

Opinion

MEMORANDUM

Raul Flores Wong 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 and 960. We have jurisdiction under 18 U.S.C. § 1291 , and we affirm.

Flores Wong contends that the district court erred by applying an incorrect legal standard 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 the district court’s factual 'determination that a defendant is not a minor participant. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir.2014), cert. denied — U.S. -, 135 S.Ct. 1467 , - L.Ed.2d - (2015). Contrary to Flores Wong’s contention, the record reflects that the court properly considered his culpability relative to that of the average participant in the offense. See U.S.S.G. § 3B1.2 cmt. n. 3(A). Further, to the extent Flores Wong contends that he is entitled to a minor role reduction, the district court did not clearly err in denying the adjustment. See Hurtado, 760 F.3d at 1069 .

AFFIRMED.

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