United States v. Hernandez-Cruz , 69 F. App'x 380 ( 2003 )

MEMORANDUM^**

Adolfo Hernandez-Cruz appeals his 27-month sentence imposed following his guilty plea conviction for transportation of illegal aliens, in violation of 8 U.S.C. § 1324(a) (1) (A) (ii). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for clear error the district court’s factual finding that the defendant was not a minimal or minor participant for purposes of U.S.S.G. § 3B1.2. United States v. Pena-Gutierrez, 222 F.3d 1080, 1091 (9th Cir. 2000). We affirm.

The district court did not err by denying Hernandez-Cruz a downward adjustment under section 3B1.2 because Hernandez-Cruz did not demonstrate that he was substantially less culpable than other participants in the crime. See id. at 1091-92; see also United States v. Hernandez-Franco, 189 F.3d 1151, 1160 (9th Cir.1999).

The record does not support Hemandez-Cruz’s contention that the district court failed to analyze Hernandez-Cruz’s role in relation to all participants.

AFFIRMED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.