Padilla

MEMORANDUM *

Santiago Padilla, Jr., (“Padilla”) appeals his conviction for conspiracy to distribute *287 and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 846 and 841(a)(1). He argues that the district court clearly erred in denying his request for a minor role reduction pursuant to § 8B1.2 of the United States Sentencing Guidelines. Padilla also argues that because the drug quantity was not submitted to the jury and proved beyond a reasonable doubt, his sentence was imposed in violation of Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Padilla further claims that the district court’s finding of drug quantity by a preponderance of the evidence violated the constitutional rule announced in Apprendi because it resulted in an increase in the statutory minimum sentence to which Padilla was subject. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Role Reduction Claim Padilla cites to cases that have rejected a minor role reduction, claiming that because “[h]is participation fails to approach the degree of involvement” in those cases, he should prevail. The cases Padilla cites do not, however, stand for the…