Waters

MEMORANDUM **

Geary Wayne Waters, Jr. appeals his sentence imposed following convictions for possession of cocaine base with the intent to distribute, and possession of marijuana with intent to distribute, both in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

We review a district court’s legal interpretation of the Sentencing Guidelines de novo. United States v. Garcia, 323 F.3d 1161, 1164 (9th Cir.2003). We review a district court’s factual findings for clear error, including a finding that a defendant used a minor to avoid detection. United States v. Jimenez, 300 F.3d 1166,1169 (9th Cir.2002).

Waters argues that the district court erred by applying a two-level upward adjustment, under the United States Sentencing Guidelines (“U.S.S.G.”) § 3B1.4, for the use of a minor to assist in avoiding apprehension for the offense. However, the record establishes that Waters “directed,” “encouraged,” and “counseled” Lemon *197 in his scheme to avoid apprehension for drug trafficking. See U.S. Sentencing Guidelines Manual § 3B1.4. Thus, the district court did not clearly err in determining that Waters acted…