USA V. EFRAIN FLORES, No. 12-30033 (9th Cir. 2013)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 16 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-30033 D.C. No. 2:10-cr-06089-RMP v. MEMORANDUM * EFRAIN FLORES, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Washington Rosanna Malouf Peterson, Chief Judge, Presiding Submitted August 14, 2013 ** Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges. Efrain Flores appeals from the district court s judgment and challenges the 63-month sentence imposed following his guilty-plea conviction for possession with intent to distribute 50 grams or more of actual (pure) methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, * 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). and we affirm. Flores contends that the district court erred in denying him a minor role adjustment under U.S.S.G. § 3B1.2(b). We review for clear error. See United States v. Cantrell, 433 F.3d 1269, 1282 (9th Cir. 2006). Because Flores failed to prove that he was substantially less culpable than the average participant in the offense, the district court did not clearly err by denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(A); Cantrell, 433 F.3d at 1282-83. AFFIRMED. 2 12-30033

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