United States v. Joseph Stark

MEMORANDUM

Joseph Stephen Stark appeals from the district court’s judgment and challenges the 30-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Stark contends that the district court erred by denying his request for a minor role adjustment under U.S.S.G. § 3B1.2. We review for clear error the district court’s factual determination that a defendant is not a minor participant. See United States v. Cantrell, 433 F.3d 1269, 1282 (9th Cir. 2006). Approximately seven months after Stark was sentenced, the United States Sentencing Commission amended the commentary to section 3B1.2(b). See United States v. Quintero-Leyva, 823 F.3d 519, 523 (9th Cir. 2016). We are satisfied that the district court’s stated rationale for rejecting Stark’s request for a reduction remains adequate under the revised commentary, which applies retroactively. See id. at 522-23 . In light of the totality of the circumstances, the district court did not clearly err in determining that Stark failed to prove that he was entitled to the adjustment. See U.S.S.G. §…