Martinez

MEMORANDUM **

Teresa Martinez pled guilty to one count of possession with intent to distribute methamphetamine, 21 U.S.C. § 841 (a)(1), and one count of use of a communication facility to facilitate a drug crime. 21 U.S.C. §§ 843 (b), 846, 841(a)(1). She challenges the 72 month sentence imposed by the district court. We affirm. Because the parties are familiar with the facts and procedural history of this case, we will not recount them here.

Ms. Martinez contends that the district court should have granted her a two-level minor role reduction under U.S.S.G. § 3B1.2(b). We review for clear error. United States v. Benitez, 34 F.3d 1489, 1497 (9th Cir.1994). A minor role adjustment is warranted “only if the defendant is ‘substantially’ less culpable than [her] coparticipants.” United States v. Duran, 189 F.3d 1071, 1089 (9th Cir.1999) (citing Benitez, 34 F.3d at 1498 ); see also, U.S.S.G. § 3B1.2, comment (n.3). The burden is on Ms. Martinez to establish that she played only a minor role. United States v. Rigby, 896 F.2d 392, 394 (9th Cir.1990).

The district court made factual findings supporting its conclusion that Ms. Martinez played more than just a minor role in this criminal…