Wandle

MEMORANDUM **

Roy Sherman Wandle appeals the sentence imposed following his guilty plea to wire fraud in violation of 18 U.S.C. § 1843 . The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . This court has jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Wandle first argues that the district court erred in declining to grant him a two-level reduction for being a “minor participant” in the wire fraud scheme under U.S.S.G. § 3B1.2. Wandle contends that the district court’s analysis was flawed because it erroneously compared his participation in the wire fraud to that of the “average participant.” To the contrary, the record reveals that while the district court used the term “average participant,” it properly compared Wandle’s conduct to that of the other participants in the crime. See United States v. Cantrell, 433 F.3d 1269, 1283 (9th Cir.2006). Wandle also argues that the two level reduction was warranted because his participation in the wire fraud was limited to knowledge of the conspiracy, driving one co-conspirator to a store to pass a forged check, and receiving food, gas, and lodging obtained from the proceeds of the scheme. We disagree. While Wandle may…