NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 29 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 17-30232

Plaintiff-Appellee, D.C. No. 1:16-cr-00053-SPW v.

MEMORANDUM* ALFONSO BANDERAS-MARTINEZ, a.k.a. Alfonso Martinez-Solorio,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Montana

Susan P. Watters, District Judge, Presiding

Submitted October 22, 2018** Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.

Alfonso Banderas-Martinez appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). affirm.

Banderas-Martinez contends that the district court erred by denying a minor role adjustment under U.S.S.G. § 3B1.2. We review the district court’s factual findings for clear error and its application of the Guidelines to the facts for abuse of discretion. See United States v. Gasca-Ruiz, 852 F.3d 1167, 1170 (9th Cir. 2017) (en banc). The record shows that the district court denied the minor role adjustment after considering each of the factors, see U.S.S.G. § 3B1.2 cmt. n.3(C), and did not base the denial on clearly erroneous factual findings. The district court’s decision to deny a minor role reduction was not an abuse of discretion in light of Banderas-Martinez’s participation in multiple high-quantity deliveries to several lesser associates and the amount of methamphetamine involved in the offense. See United States v. Quintero-Leyva, 823 F.3d 519, 523 (9th Cir. 2016).

AFFIRMED.

2 17-30232