UNITED STATES of America, Plaintiff-Appellee, v. MARLENI DEL CARMEN ARANA-CHAVARRIA, Defendant-Appellant, 591 F. App'x 563

MEMORANDUM Marleni Del Carmen Arana-Chavarria appeals from the district court’s judgment and challenges the 60-month sentence imposed following her guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Arana-Chavarria contends that the district court erred by failing to compare her culpability to that of other participants in the drug smuggling organization when it denied her a minor role adjustment under U.S.S.G. § 3B1.2(b). We review de novo the district court’s

interpretation of the guidelines and for clear error the district court’s factual determination that a defendant is not a minor participant. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir.2014). Contrary to Arana-Chavarria’s contention, the record reflects that the court properly considered Arana-Cha-varria’s culpability relative to that of the average participant. See U.S.S.G. § 3B1.2 cmt. n. 3(A). Further, in light of the totality of the circumstances, the district court did not clearly err in determining that Arana-Chavarria failed to prove that she was entitled to the adjustment.

See id. § 3B1.2 cmt. n. 3(C); Hurtado, 760 F.3d at 1069. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.