Contreras

MEMORANDUM **

Jose Luis Contreras appeals his 18-month sentence imposed following his guilty plea conviction for attempting to transport an undocumented alien without presentation to an immigration officer, in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Contreras contends that the district court erred in denying a two level downward minor role adjustment pursuant to United States Sentencing Guidelines § 3B1.2 because his only participation in *443 the offense was to drive the vehicle across the border. This argument is unpersuasive.

“A district court’s finding that a defendant does not qualify for a minor or minimal participant status is heavily dependant on the facts of the particular case, and we uphold such a finding unless it is clearly erroneous.” United States v. Davis, 36 F.3d 1424, 1436 (9th Cir.1994). The mere fact that Contreras’ role was “to transport the alien[ ] north does not entitle him to a minor role adjustment.” United States v. Hernandez-Franco, 189 F.3d 1151, 1160 (9th Cir.1999) (stating that the appellant has the burden to prove by the preponderance of the evidence that he is substantially…