USA V. VICTOR VALLADARES-REAL, No. 12-50000 (9th Cir. 2013)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 05 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-50000 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 twolevel 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
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