United States v. Leonardo Nicolas-Blas

MEMORANDUM

Leonardo Nicolas-Blas appeals from the district court’s judgment and challenges the 46-month sentence imposed following his guilty-plea conviction for conspiracy to harbor and conceal illegal aliens, in violation of 8 U.S.C. § 1324 (a)(l)(A)(v)(I). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Nicolas-Blas contends that the district court erred by denying his request for a role adjustment pursuant to U.S.S.G. § 3B1.2. The record reflects that the court properly considered Nicolas-Blas’s conduct as compared to the other participants in the conspiracy in assessing whether to grant the adjustment. Because Nicolas-Blas failed to prove that he was substantially less culpable than the average participant, the district court did not clearly err by denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(A); United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir.2006).

Nicolas-Blas next contends that the district court violated Federal Rule of Criminal Procedure 32(i)(3)(B) by failing to address his argument that his criminal history category was overstated. Nicolas-Blas’s contention is without merit because his legal challenge did not trigger the district…