UNITED STATES of America, Plaintiff-Appellee, v. Victor VALLADARES-REAL, Defendant-Appellant, 548 F. App'x 392

MEMORANDUM Victor Valladares-Real appeals from the district court’s judgment and challenges the 168-month sentence imposed following his guilty-plea conviction for conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Valladares-Real contends that the district court erred by denying him a two-level minor-role adjustment under U.S.S.G. § 3B1.2(b). We review for clear error, see United States v. Rosas, 615 F.3d 1058, 1066 (9th Cir.2010), and find none.

Because Valladares-Real failed to demonstrate that he was “substantially less culpable than the average participant,” the district court correctly denied the adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(A); Rosas, 615 F.3d at 1067. Valladares-Real’s argument that our decision in United States v. Rojas-Millan, 234 F.3d 464 (9th Cir.2000), compels a different result is unavailing. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.