Amuchastegui

MEMORANDUM **

Aaron Michael Amuehastegui appeals his 24-month sentence imposed following his guilty plea conviction for armed bank robbery, in violation of 18 U.S.C. § 2113 (a) and (d). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Amuehastegui contends that the district court erred in denying a downward minor or minimal role adjustment pursuant to U.S. Sentencing Guidelines § 3B1.2 because his only participation in the armed bank robbery was to drive the getaway car. This argument lacks merit.

“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). Amuchastegui’s role in the armed bank robbery, including giving his co-defendant the gun, driving the getaway car, and receiving a share of the loot, does not entitle him to either a minor or minimal 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…