Puebla-Leon

MEMORANDUM **

Martin Rolando Puebla-Leon appeals from the 78-month sentence imposed following his guilty-plea conviction for offenses related to a conspiracy to import, possess, and distribute cocaine. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Puebla-Leon contends that the district court erred in denying him a role adjustment under U.S.S.G. § 3B1.2(b), by failing to distinguish between minimal and minor roles, and failing to evaluate his role relative to all participants in the criminal scheme. This contention is- belied by the record and the district court did not err. See United States v. Murillo, 255 F.3d 1169, 1179 (9th Cir.2001); United States v. Sanchez, 908 F.2d 1443, 1449-50 (9th Cir.1990).

Puebla-Leon also contends that the district court erred by failing to sua sponte *678 hold an evidentiary hearing regarding the government’s reasons for not moving for a downward departure under U.S.S.G. § 5K1.1. This contention lacks merit. See Wade v. United States, 504 U.S. 181, 185-86 , 112 S.Ct. 1840 , 118 L.Ed.2d 524 (1992); see also United States v. Berry, 258 F.3d 971, 976 (9th Cir.2001).

Finally, Puebla-Leon contends that the district court failed to…