United States v. Victor Valladares-Real ( 2013 )

FILED
NOT FOR PUBLICATION DEC 05 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-50000
Plaintiff - Appellee, D.C. No. 3:10-cr-05025-H
v.
MEMORANDUM*
VICTOR VALLADARES-REAL,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Victor Valladares-Real appeals from the district court’s judgment and
challenges the 168-month sentence imposed following his guilty-plea conviction
for conspiracy to distribute controlled substances, in violation of 21 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Valladares-Real contends that the district court erred by denying him a two-
level minor-role adjustment under U.S.S.G. § 3B1.2(b). We review for clear error,
see United States v. Rosas, 615 F.3d 1058, 1066 (9th Cir. 2010), and find none.
Because Valladares-Real failed to demonstrate that he was “substantially less
culpable than the average participant,” the district court correctly denied the
adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(A); Rosas, 615 F.3d at 1067.
Valladares-Real’s argument that our decision in United States v. Rojas-Millan,
234 F.3d 464 (9th Cir. 2000), compels a different result is unavailing.
AFFIRMED.
2 12-50000