Vergara-Reyes

MEMORANDUM *

Appellant Carlos Vergara-Reyes (“Vergara”) appeals the district court’s denial of a four-level reduction of his offense level for being a minimal participant under U.S.S.G. § 3B1.2(a), and its application of a three-level enhancement under § 2Ll.l(b)(2)(A). Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

The district court did not clearly err in denying the four-level reduction under § 3B1.2(a). Vergara did not prove that he was “substantially” less culpable than his co-participants. United States v. Johnson, 297 F.3d 845, 874 (9th Cir.2002), cert. denied, — U.S. —, 123 S.Ct. 1376 , 155 L.Ed.2d 214 (2003). Therefore, the district court properly applied only a two-level reduction for being a minor participant under U.S.S.G. § 3B1.2(b).

Nor did the district court clearly err in applying a three-level enhancement under § 2Ll.l(b)(2)(A) for harboring six or more aliens. Vergara admitted participating in the harboring of five aliens. In addition to those five aliens, a sixth alien, Mark Govea-Nava (“Govea”), was harbored by the conspiracy. Under the Sentencing Guidelines, Vergara could be sentenced…