Opinion
No. 14-50195
04-27-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RAUL FLORES WONG, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:13-cr-04431-LAB MEMORANDUM Appeal from the United States District Court for the Southern District of California
Larry A. Burns, 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.
Raul Flores Wong appeals from the district court's judgment and challenges the 72-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 18 U.S.C. § 1291, and we affirm.
Flores Wong contends that the district court erred by applying an incorrect legal standard for a minor-role adjustment under U.S.S.G. § 3B1.2(b). We review de novo the district court's interpretation of the Guidelines and 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). Contrary to Flores Wong's contention, the record reflects that the court properly considered his culpability relative to that of the average participant in the offense. See U.S.S.G. § 3B1.2 cmt. n.3(A). Further, to the extent Flores Wong contends that he is entitled to a minor role reduction, the district court did not clearly err in denying the adjustment. See Hurtado, 760 F.3d at 1069.
AFFIRMED.