United States v. Teodoro Rivera-Guevara

672 F. App'x 675

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 22, 2016
• Docket: 15-50510
• Status: Unpublished

Opinion

MEMORANDUM **

Teodoro Rivera-Guevara appeals from the district court’s judgment and challenges the 75-month sentence imposed following his guilty-plea conviction for importation of methamphetamine in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Rivera-Guevara contends that the district court erred by denying his request for a minor role reduction under U.S.S.G. § 3B1.2(b). We review the court’s interpretation of the Guidelines de novo, and its factual finding that a defendant was not a minor participant for clear error. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014). The district court properly compared Rivera-Guevara’s culpability to that of an average participant in his offense. See U.S.S.G. § 3B1.2 cmt. n.3(A); United States v. Rojas-Millan, 234 F.3d 464, 473-74 (9th Cir. 2000). Moreover, the district court properly considered Rivera-Guevara’s arguments and the factors listed in the- Guidelines’ revised commentary in finding that Rivera-Guevara’s role in the offense was not minor, based on the totality of the circumstances. See U.S.S.G. § 3B1.2 cmt. n.3(C). That finding was not clearly erroneous in light of Rivera-Guevara’s importing a substantial quantity of methamphetamine into this country using his own vehicle, and his work as a drug courier on two previous occasions. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1192-93 (9th Cir. 2011).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.