Payne

MEMORANDUM **

Jerry Lee Payne, also known as Jerry Lee Rayne (“Appellant”), appeals the 180-month sentence imposed by the district court for conspiracy to distribute methaamphetamine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not clearly err when it found Appellant had not played merely a minor role in the conspiracy to distribute methamphetamine. See U.S.S.G. § 3B1.2. Appellant’s role exceeded that of transporting or providing a holding area for the drugs: he received information from Garcia that a new drug package should be distributed and acted on that information, by distributing the drugs to Babbs. Appellant has not shown that he is “substantially less culpable than the average co-participant.” United States v. Pizzichiello, 272 F.3d 1232, 1237 (9th Cir.2001). The court correctly calculated the original Guidelines range of 235 to 293 months.

Appellant argues the court improperly considered the Guidelines range as the presumptive sentence. This argument also is unsupported by the record. The court granted a three-level downward variance from the 235 to 293 month range after it…