United States v. Raul Preciado-Ovalles

MEMORANDUM

Raul Preciado-Ovalles appeals from the district court’s judgment'and challenges the 70-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.

Preciado-Ovalles contends that the district court relied on improper factors to deny his request 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 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). The record reflects that the district court understood and applied the correct legal standard, properly considered the totality of the circumstances, and did not rely on improper factors in denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(A), (C); United States v. Hurtado, 760 F.3d 1065, 1068-69 (9th Cir.2014), cert. denied, — U.S. -, 135 S.Ct. 1467 , 191 L.Ed.2d 412 (2015). The record further supports the court’s conclusion that Preciado-Ovalles failed to carry his burden of establishing that he was…