United States v. Martin Palafox-Cardenas

MEMORANDUM

Martin Adolfo Palafox-Cardenas appeals from the 144-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(A)(viii), and 846. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Palafox-Cardenas contends that the district court applied the wrong standard in considering his request for a minor role adjustment under U.S.S.G. § 3B 1.2(b), and clearly erred in denying the adjustment. The record belies the contention that the court applied the wrong legal standard in considering the adjustment. Because Palafox-Cardenas failed to prove that he was “substantially less culpable than the average participant” in the conspiracy, the court did not err in denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(A); United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir.2011).

Palafox-Cardenas also contends that the district court procedurally erred by failing to consider all of the 18 U.S.C. § 3553 (a) sentencing factors and by failing to explain adequately the sentence imposed in light of his mitigating arguments. The district court…