Galanis

MEMORANDUM *

Derek Meyer Galanis and Rafael Hernandez-Mendez both pled guilty to conspiracy to manufacture and distribute ecstasy in violation of 21 U.S.C. §§ 846 and 841(a)(1). Hernandez-Mendez now appeals the district court’s refusal to grant a minor role adjustment to his sentence under U.S.S.G. § 3B1.2. Galanis appeals the district court’s (1) order denying his motion to dismiss the indictment for government misconduct; (2) failure to make factual findings as required by Fed.R.Crim.P. 32; and (3) refusal to grant a minor role adjustment to his sentence.

We affirm Hernandez-Mendez’s sentence. The record adequately demonstrates that the district court found that Hernandez-Mendez was not substantially less culpable than the other participants considering his role in the conspiracy in relation to his co-conspirators. See United States v. Penaj-Gutierrez, 222 F.3d 1080, 1091 (9th Cir.2000) (holding that the defendant has the burden of proving by a preponderance of the evidence that he was substantially less culpable than other participants); see also United States v. Ruelas, 106 F.3d 1416, 1419 (9th Cir.1997) (“The ‘touchstone’ of determining whether a defendant is entitled to [a…