UNITED STATES of America, Plaintiff-Appellee, v. Ivis D. MARTINEZ-MASCARENO, Defendant-Appellant, 530 F. App'x 667

MEMORANDUM Ivis D. Martinez-Mascareno appeals from the district court’s judgment and challenges the 48-month sentence imposed following his guilty-plea conviction for conspiracy to distribute heroin, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Martinez-Mascareno contends that the district court erred when it denied his request for a minor role adjustment under U.S.S.G. § 3B1.2(

b) without evaluating his role relative to that of an unindicted co-conspirator. The record reflects that the district court properly considered Martinez-Mascareno’s “culpability relative to the involvement of other likely actors” in the criminal scheme. See United States v. Rojas-Millan, 234 F.3d 464, 473-74 (9th Cir.2000). Because Martinez-Mascareno failed to demonstrate that he was substantially less culpable than the average participant, the district court did not clearly err by denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(A); United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir.2006).

AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.