Ontiveros-Delval

MEMORANDUM **

Luis Ontiveros-Delval appeals from the 120-month sentence and 15-year term of supervised release imposed following his guilty-plea conviction for conspiracy to distribute cocaine and methamphetamine, in violation of 21 U.S.C. § 846 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Ontiveros-Delval contends that the district court erred in denying a minor role adjustment under U.S.S.G. § 3B1.2(b). The record supports the conclusion that Ontiveros-Delval was not “substantially less culpable than the average participant” in the conspiracy; thus, the district court did not err in denying a role adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(A); United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir.2011).

Ontiveros-Delval also contends that the district court relied at sentencing on clearly erroneous facts both in denying the role adjustment and in selecting a sentence under 18 U.S.C. § 3553 (a). The record belies this contention.

Ontiveros-Delval next challenges the sufficiency of the court’s explanation of the 120-month sentence and 15-year supervised release term and its consideration of the section 3553(a) sentencing factors. The record.…