United States v. Javier Tokunaga-Fujigaki
Opinion
Opinion
MEMORANDUM
Javier Toshiro Tokunaga-Fujigaki appeals from the district court’s judgment and challenges the 48-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.
Tokunaga-Fujigaki contends that the district court erred in denying his request for a minor role adjustment under U.S.S.G. § 3B1.2(b) by misapplying the Guideline. We review the district court’s interpretation of the Guidelines de novo and its factual finding that a defendant was not a minor participant for clear error. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir.2014), cert. denied, — U.S. -, 135 S.Ct. 1467 , 191 L.Ed.2d 412 (2015). Contrary to Tokunagar-Fujigaki’s contention, the record reflects that the district eourt 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. Moreover, the district court did not clearly err by finding that Tokunaga-Fujigaki did not play a minor role in the offense. See Hurtado, 760 F.3d at 1069 .