Curiel

MEMORANDUM **

David Curiel appeals from his sentence imposed following his guilty plea to conspiracy and possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) & 846. Curiel contends that the district court erred in denying him a two-level downward adjustment for minor role in the offense under U.S.S.G. § 3B1.2. We have jurisdiction under 28 U.S.C. § 1291 . We review for clear error the factual determination of whether a defendant is a minor participant, United States v. Sanchez-Lopez, 879 F.2d 541, 557 (9th Cir.1989), and we affirm.

In arguing for a minor role adjustment under § 3B1.2(a), Curiel asserted that he was merely a one-time drug courier and among the least culpable in the drug operation. The district court found that Curiel played a critical role in the drug conspiracy given that he was responsible for possessing 692.5 grams of methamphetamine which he was entrusted to sell to a contact person for $23,500. Given the circumstances, the district court did not clearly err in determining that an adjustment for a minor role was unwarranted. See United States v. Davis, 36 F.3d 1424, 1436-37 (9th Cir.1994) (reviewing for clear error and…