United States v. Erik Altamirano

MEMORANDUM

Erik Altamirano appeals from the district court’s judgment and challenges the 18-month sentence imposed following his guilty-plea conviction for importation of heroin, in violation of 21 U.S.C. §§ 952 , 960. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Altamirano contends that the district court applied the wrong legal standard and considered improper factors when determining whether he was entitled to a minor role adjustment under U.S.S.G. § 3B 1.2(b). We review the district court’s interpretation of the Sentencing Guidelines de novo. 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). The district court considered the parties’ arguments and concluded that the record did not support a finding that Alta-mirano was entitled to a minor role adjustment. The court’s rejection of the adjustment was consistent with the guideline and our precedent. See U.S.S.G. § 3B1.2 cmt. n.3(A) (adjustment available only if defendant is “substantially less culpable than the average participant”); United States v. Rosas, 615 F.3d 1058, 1067 (9th Cir.2010) (defendant’s burden to establish his…