Martinez

MEMORANDUM *

Humberto Martinez appeals the 188-month sentence imposed by the district court after he pled guilty pursuant to a plea agreement to one count of conspiracy to import cocaine and marijuana in violation of 21 U.S.C. §§ 960 (a)(1), 960(b)(1), *632 952(a), and 846. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s interpretation of the Sentencing Guidelines, and we review for clear error the factual findings underlying the sentencing decision. United States v. Jordan, 256 F.3d 922, 926 (9th Cir.2001). We affirm.

The district court did not plainly err in applying the preponderance of evidence standard in determining Martinez’s sentencing enhancement. See Fed.R.CrimJP. 52(b) (“Plain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court.”). Under the totality of the circumstances and the factors in United States v. Riley, 335 F.3d 919, 925-26 (9th Cir.2003), the district court’s three-level enhancement of Martinez’s sentence for his role as a manager or supervisor under U.S.S.G. § 3B1.1 did not have a disproportionate effect on his sentence. See United States v. Dare,…