UNITED STATES of America, Plaintiff-Appellee, v. Roberto NAVARRO-ERUNES, Defendant-Appellant, 470 F. App'x 673

MEMORANDUM Roberto Navarro-Erunes appeals from the 38-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846, § 841(a)(1), and (b)(l)(B)(vii), and possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(B)(vii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Navarro-Erunes contends that the district court abused its discretion by denying a minor role reduction based on a misconception that it lacked the authority to do so.

The record reflects that the district court understood its authority to grant a downward adjustment on this basis, but found the circumstances insufficient to warrant the reduction. The district court did not clearly err by declining to award the minor-role adjustment. See United States v. Cantrell, 433 F.3d 1269, 1283-84 (9th Cir.2006). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.