United States of America, Plaintiff-appellee, v. Rodolfo Franco-ruelas, Defendant-appellant, 124 F.3d 213 (9th Cir. 1997)

MEMORANDUM^* 

Rodolfo Franco-Ruelas appeals his 78-month sentence imposed following his guilty plea to importation of amphetamine in violation of 21 U.S.C. §§ 952 and 960. Franco-Ruelas contends the district court erred by denying his request for minor or minimal participant reduction pursuant to U.S.S.G. § 3B1.2. We have jurisdiction under 28 U.S.C. § 1291, and affirm.

A defendant who acts as a drug courier may be entitled to a minimal role adjustment, but such an adjustment is not required. See United States v. Davis, 36 F.3d 1424, 1436 (9th Cir. 1994); U.S.S.G § 3B1.2. "A district court's finding that a defendant does not qualify for minor or minimal participant status is heavily dependent on the facts of the particular case, and we uphold such a finding unless it is clearly erroneous." See Davis, 36 F.3d at 1436. " [T]his court has consistently stated that a downward adjustment under section 3B1.2 is to be used infrequently and only in exceptional circumstances." Id. "The defendant has the burden of proving that he is entitled to a downward adjustment based on his role in the offense by a preponderance of the evidence." Id. Courier status is not established when the only evidence is the defendant's self-serving statements about his role in the drug organization. See United States v. Lui, 941 F.2d 844, 849 (9th Cir. 1991). A sentence reduction is not required where the defendant possessed a substantial amount of illegal drugs. See United States v. Webster, 996 F.2d 209, 212 n. 5 (9th Cir. 1993).

Here, the only evidence that Franco-Ruelas was a courier was his own self-serving statements. See Lui, 941 F.2d at 849. Moreover, Franco-Ruelas possessed and transported 12.73 kilograms of amphetamine, a substantial amount of illegal drugs. See Webster, 996 F.2d at 212 n. 5. Accordingly, the district court did not clearly err by determining that Franco-Ruelas was neither a minimal nor a minor participant in the offense. See Davis, 36 F.3d at. 1436-37; see also Lui, 941 F.2d at 849.

AFFIRMED.