UNITED STATES of America, Plaintiff-Appellee, v. Toni MACIEL, Defendant-Appellant, 481 F. App'x 368

MEMORANDUM Toni Maciel appeals from the 60-month sentence imposed following his guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Maciel contends that the district court erred by denying a minor role adjustment under U.S.S.G. § 3B1.2(b). This argument is without merit. Contrary to Ma-ciel’s contention, the district court did not state that first-time courier drivers could never qualify for a minor role adjustment, and the court did not err in denying the adjustment here. See United States v.

Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir.2011). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.