Carrillo-Sanchez

MEMORANDUM **

Macedonio Carrillo-Sanchez appeals from his sentence, imposed following his guilty plea conviction for possession of cocaine with intent to distribute, and importation of cocaine, in violation of 21 U.S.C. §§ 952 (a), 960(a)(1) and (b)(2)(B)(ii).

Carrillo-Sanchez contends that the district court erred in not granting a downward departure based on his minor role in the scheme. A district court’s discretionary decision not to depart from the guidelines is not reviewable on appeal. United States v. Morales, 972 F.2d 1007, 1011 (9th Cir.1992), cert. denied, 507 U.S. 1012 , 113 S.Ct. 1665 , 123 L.Ed.2d 283 (1993). Here, the record does not suggest that the district judge thought that he was without authority to depart; rather, it is clear that he believed that it would not be appropriate to do so under the circumstances.

To the extent that Carrillo-Sanchez contends that the district court erred by not granting him a minor role adjustment under the Guidelines, we conclude that given the circumstances, the district court’s denial of such an adjustment was not clearly erroneous. See United States v. Pena-Gutierrez, 222 F.3d 1080, 1091 (9th Cir.), (reviewing for clear…