NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 13 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 21-30040

Plaintiff-Appellee, D.C. No. 1:20-cr-00042-BLW-1 v. JOHNY QUINONEZ-BELTRAN, AKA MEMORANDUM* Johny Beltran, AKA Jesus Calderon Lopez, AKA Johnhy Beltran Quinonez, AKA Johny Quinonez,

Defendant-Appellant.

Appeal from the United States District Court

for the District of Idaho

B. Lynn Winmill, District Judge, Presiding

Submitted October 12, 2021** Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.

Johny Quinonez-Beltran appeals from the district court’s judgment and challenges the sentence of 12 months and 1 day imposed following his guilty-plea conviction for distribution of cocaine and possession with the intent to distribute

*

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). cocaine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Quinonez-Beltran contends that the district court erred by denying his request for a minor-role adjustment under U.S.S.G. § 3B1.2. We review the district court’s interpretation of the Guidelines de novo, its factual findings for clear error, and its application of the Guidelines to the facts for abuse of discretion. See United States v. Diaz, 884 F.3d 911, 914 (9th Cir. 2018). Contrary to Quinonez-Beltran’s claim, the court did not conclude that he was precluded from receiving the adjustment because his role was essential to the drug transactions. Rather, the court reasoned that although street-level dealers may receive the adjustment under some circumstances, those circumstances did not exist in this case. As the court concluded, Quinonez-Beltran was not “substantially less culpable than the average participant” because he fostered relationships with customers, negotiated pricing, delivered drugs, and received proceeds. See id. at 916-17. The court properly compared Quinonez-Beltran to his alleged supplier and applied the factors listed in the commentary to the minor-role Guideline. See U.S.S.G. § 3B1.2 cmt. n.3(A), (C); Diaz, 884 F.3d at 916-17. The court did not clearly err in any of its factual findings, nor did it abuse its discretion by denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(C); Diaz, 884 F.3d at 914.

AFFIRMED.

2 21-30040