Ramirez

MEMORANDUM **

Raul Ramirez appeals his 235-month sentence imposed following his guiltyplea conviction for conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Ramirez contends that the district court erred in several respects when it imposed a four-level leadership-role adjustment to his Guidelines calculation under U.S.S.G. § 3Bl.l(a). We review de novo the constitutionality of a sentence. United States v. Johansson, 249 F.3d 848, 853 (9th Cir. 2001). We also review de novo the district court’s compliance with Federal Rule of Criminal Procedure 32. United States v. Carter, 219 F.3d 863, 866 (9th Cir.2000). Finally, we review de novo the legality of a Guideline sentence, but review for clear error the district court’s application of an aggravating role enhancement. Id.

Ramirez first contends that the district court violated his due process rights by applying a preponderance of the evidence standard of proof rather than a clear and convincing standard when evaluating the evidence concerning his role in the offense. We conclude, however, there was no…