United States v. Ruiz-Castillo

201 F. App'x 490

Opinion

MEMORANDUM **

Joel Arturo Ruiz-Castillo appeals from his 46-month sentence imposed following a guilty plea to conspiracy to export munitions without a license and being an illegal alien illegally in possession of firearms. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Ruiz-Castillo contends for the first time on appeal that the district court erred in not awarding him a mitigating role adjustment, pursuant to U.S.S.G. § 3B1.2. Ruiz-Castillo has failed to meet his burden of proving his entitlement to a § 3B1.2(b) adjustment. See United States v. Cantrell, 433 F.3d 1269, 1282 (9th Cir.2006). The district court properly considered the larger context of the conspiracy and Ruiz-Castillo’s culpability relative to the involvement of the other participants. See United States v. Rojas-Millan, 234 F.3d 464, 473 (9th Cir.2000). In view of the evidence reflecting the nature and extent of Ruiz-Castillo’s involvement, the district court properly determined that Ruiz-Castillo was neither a minimal nor a minor participant in the conspiracy. See United States v. Hernandez-Franco, 189 F.3d 1151, 1160 (9th Cir.1999).

AFFIRMED.

Footnotes

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This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.