Villegas-Delgadillo

MEMORANDUM **

Florentino Villegas-Delgadillo appeals from the 135-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute methamphetamine and heroin, distribution of methamphetamine and heroin, and being a deported alien found in the United States, all in violation of 8 U.S.C. § 1326 and 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Villegas-Delgadillo challenges the district court’s application of a four-level aggravating role enhancement under U.S.S.G. § 3B1.1. The district court’s four-level enhancement under U.S.S.G. § 3Bl.l(a) was not clearly erroneous because the unchallenged evidence supports the district court’s determination that Villegas-Delgadillo was an organizer or leader. See United States v. Garcia, 497 F.3d 964, 969-70 (9th Cir.2007); United States v. Avila, 95 F.3d 887, 889 (9th Cir.1996).

Villegas-Delgadillo contends that he is entitled to a limited remand for resentencing pursuant to United States v. Ameline, 409 F.3d 1073, 1074 (9th Cir.2005) (en banc), because the district court sentenced him under the then-mandatory Guidelines. However, with the…