Gonzalez-Pena

MEMORANDUM **

Braulio Gonzalez-Pena appeals his 46-month sentence imposed following a guilty plea conviction for distribution of heroin in violation of 21 U.S.C. §§ 841 (a)(1) and *499 841(b)(1)(B), and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We review for clear error a district court’s determination of whether defendant is a minor or minimal participant under U.S.S.G. § 3B1.2, United States v. Madera-Gallegos, 945 F.2d 264, 269 (9th Cir.1991), and we affirm.

Gonzalez-Pena contends that the district court erred by refusing to give him a four-level downward adjustment for “minimal” participation, instead of the two-level downward adjustment for “minor” participation. “The defendant has the burden of proving that he is entitled to a downward adjustment based on his role in the offense by a preponderance of the evidence.” United States v. Davis, 36 F.3d 1424, 1436 (9th Cir.1994). Contrary to Gonzalez-Pena’s contentions, the district court’s findings are supported by the record and are not clearly erroneous. See MaderaGallegos, 945 F.2d at 269 (concluding that wife and partner of heroin dealer was a minor, but not minimal…