Yates

MEMORANDUM *

Yates appeals from the district court’s refusal to grant her a minor participant adjustment pursuant to U.S.S.G. § 3B1.2. Because the facts are known to the parties they are not repeated here.

“A district court by definition abuses its discretion when it makes an error of law,” Koon v. United States, 518 U.S. 81, 100 , 116 S.Ct. 2035 , 135 L.Ed.2d 392 (1996), even though our review of sentencing decisions is generally deferential. See United States v. Rojas-Millan, 234 F.3d 464, 472 (9th Cir.2000) (holding that we review factual findings for clear error and the application of the guidelines for abuse of discretion).

While the evidence in the record could plainly support denial of the minor participant adjustment, see, e.g., United States v. Davis, 36 F.3d 1424, 1436 (9th Cir.1994); United States v. Zweber, 913 F.2d 705, 710 (9th Cir.1990), the district court stated explicitly that it looked “solely to the conduct of the defendant” and did not compare Yates’ conduct with any other participants. (Transcript of Sentencing Proceedings, March 19, 2003, at 17.) We have held that courts must assess the defendant’s culpability in relation to the other participants as…