U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Ivis Martinez-Mascareno

United States v. Ivis Martinez-Mascareno
U.S. Court of Appeals for the Ninth Circuit · Decided June 21, 2013 · Tallman, Smith, Hurwitz
530 F. App'x 667

United States v. Ivis Martinez-Mascareno

Opinion

*668 MEMORANDUM **

Ivis D. Martinez-Mascareno appeals from the district court’s judgment and challenges the 48-month sentence imposed following his guilty-plea conviction for conspiracy to distribute heroin, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Martinez-Mascareno contends that the district court erred when it denied his request for a minor role adjustment under U.S.S.G. § 3B1.2(b) without evaluating his role relative to that of an unindicted co-conspirator. The record reflects that the district court properly considered Martinez-Mascareno’s “culpability relative to the involvement of other likely actors” in the criminal scheme. See United States v. Rojas-Millan, 234 F.3d 464, 473-74 (9th Cir. 2000). Because Martinez-Mascareno failed to demonstrate 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).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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