Mercado

MEMORANDUM **

In these consolidated appeals, Luciano Mercado (“Luciano”) appeals from the 168-month sentence and Sergio Mercado (“Sergio”) appeals from 135-month sentence imposed following their guilty-plea convictions for conspiracy to distribute, and possession with intent to distribute, over 500 grams of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Luciano contends that the district court erred in calculating the Guidelines range by improperly applying a three-level aggravating role enhancement under U.S.S.G. § 3Bl.l(b). We need not resolve this issue because the court varied downward by five levels to a base offense level that did not reflect the role enhancement. Thus, any error in applying the enhancement was harmless. See United States v. Leal-Vega, 680 F.3d 1160, 1170 (9th Cir. 2012).

Luciano also contends that the district court violated Federal Rule of Criminal Procedure 32 by failing to resolve factual disputes related to the application of the aggravating role enhancement. The district court did not err because it considered Luciano’s objections to the presen-tence report and adopted…