United States v. Jose Jimenez-Ortiz

MEMORANDUM

Jose Jimenez-Ortiz appeals from the district court’s judgment and- challenges the 92-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 28 U.S.C. § 1291 , and we affirm.

Jimenez-Ortiz challenges the district court’s denial of a minor role adjustment under U.S.S.G. § 3B1.2(b). This court reviews de novo the district court’s interpretation of the Sentencing 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). To the extent Jimenez-Ortiz did not object in the district court on the specific grounds raised here, we review for plain error. See United States v. Valencia-Barragan, 608 F.3d 1103, 1108 (9th Cir.2010).

Jimenez-Ortiz first contends that the district court erred by failing to compare him to other participants in the criminal scheme. There is no evidence in the record that the district court improperly ignored the culpability of other known participants. See United States v. Rosas, 615 F.3d 1058, 1068 (9th Cir.2010); United States…