Case Information
*1 Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.
Erick Humberto Salazar appeals from the district court’s judgment and challenges the 97-month sentence imposed following his jury-trial conviction for importation of methamphetamine and conspiracy to import methamphetamine, in *2 violation of 21 U.S.C. §§ 952, 960, and 963. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Salazar contends that the district court erred by failing to analyze whether the facts he cited at sentencing entitled him to a minor role adjustment under U.S.S.G. § 3B1.2. This argument is not supported by the record, which reflects that the court considered Salazar’s arguments in favor of a minor role adjustment and concluded that he had not carried his burden of demonstrating that he was entitled to the adjustment. See United States v. Cantrell , 433 F.3d 1269, 1282 (9th Cir. 2006) (defendant bears burden of proving entitlement to a minor role adjustment). This finding was not clearly erroneous, despite counsel’s characterization of Salazar as solely a “courier,” in light of the facts to which Salazar admitted in his proffer, which were discussed at the sentencing hearing. See id. (whether a defendant is a minor participant is a factual determination reviewed for clear error). [1]
Salazar also contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing Salazar’s sentence. See Gall v. United States , 552 U.S. 38, 51 (2007). The low-end Guidelines sentence is *3 substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. See Gall , 552 U.S. at 51.
AFFIRMED.
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. * * The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
[1] Several months after Salazar was sentenced, the United States Sentencing Commission amended the commentary to section 3B1.2(b). See United States v. Quintero-Leyva , 823 F.3d 519, 521 (9th Cir. 2016). We are satisfied that the district court did not clearly err under the revised commentary, which applies retroactively. See id. at 523.
