United States v. Roberto Bello-Urquiza , Jr.

MEMORANDUM

Roberto Bello-Urquiza, Jr. appeals from the district court’s judgment and challenges the 78-month sentence imposed following his guilty-plea conviction for importation of controlled substances, in violation of 21 U.S.C. §§ 952 , 960. We have juris diction under 28 U.S.C. § 1291 , and we affirm.

Bello-Urquiza 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 Sentencing 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). Bello-Ur-quiza asserts that the district court failed to compare him to the other participants in the offense. The record reflects that the court applied the proper legal standard and that it compared Bello to the other participants in the offense, including not only the more culpable participants, but also the less culpable participants. See Hurtado, 760 F.3d at 1069 (recognizing that the fact that drug operation’s organizers and leaders have above-average culpability does not…