Opinion
No. 14-50164
04-30-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. LUIS SANTILLAN, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:13-cr-04128-BEN MEMORANDUM Appeal from the United States District Court for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Luis Santillan appeals from the district court's judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for importation of cocaine and methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Santillan contends that the district court erred by denying his request for a minor-role adjustment under U.S.S.G. § 3B1.2. We review for clear error the district court's factual determination that a defendant is not a minor participant. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014), cert. denied, 135 S. Ct. 1467 (2015). In light of the totality of the circumstances, including Santillan's transportation of a substantial amount of cocaine and methamphetamine, the district court did not clearly err in determining that Santillan was not entitled to the adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(C); Hurtado, 760 F.3d at 1069.
AFFIRMED.