United States of America, Plaintiff-appellee, v. Irma Gutierrez-quintanilla, Defendant-appellant, 129 F.3d 128 (9th Cir. 1997)

MEMORANDUM^* 

Irma Gutierrez-Quintanilla appeals the ten-month sentence imposed upon her guilty plea conviction for transportation of four illegal aliens in violation of 8 U.S.C. § 1324. Gutierrez contents the district court erred by denying her request for a two level sentence reduction under U.S.S.G. § 3B1.2 for her minor role in the offense. We reject this contention and affirm.

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 United States v. Davis, 36 F.3d 1424, 1436 (9th Cir. 1994). "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. "Moreover, this court has consistently stated that a downward adjustment under section 3B1.2 is to be used infrequently and only in exceptional circumstances." Id. "Just because a defendant may be less culpable than other participants in an offense, he is not necessarily entitled to a minimal or minor role adjustment under section 3B1.2." Id. at 1435.

Here, the record indicates that Gutierrez admitted driving the illegal aliens across the border in a small concealed compartment in her vehicle, and admitted she knew they were there. The district court therefore agreed with the probation department that Gutierrez was not a minor participant in criminal activity because her actions were knowing and integral to the alien smuggling enterprise. We reject Gutierrez's argument that she was merely a courier and was less knowing and culpable than other participants, and conclude the district court did not clearly err by denying her a sentence reductlon as a minor participant. See id. at 1436-37.

AFFIRMED.