UNITED STATES of America, Plaintiff-Appellee, v. Jonathan SALAS-ALVAREZ, Defendant-Appellant, 674 F. App'x 746

MEMORANDUM Jonathan Salas-Alvarez appeals from the district court’s judgment and challenges the 70-month sentence imposed following his 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. Salas-Alvarez contends that the district court erred by denying him a minor role adjustment under U.S.S.G. § 3B1.2 on the basis of an incorrect presumption that the Guidelines preclude a minor role adjustment for drug couriers involved in importing large quantities of methamphetamine. We review the district court’s

interpretation of the Sentencing Guidelines de novo. See United States v. Quintero-Leyva, 823 F.3d 519, 522 (9th Cir. 2016). The record does not support Salas-Alvarez’s argument that the district court applied a categorical rule that no courier of methamphetamine over a certain quantity may qualify for a minor role adjustment. Rather, the record demonstrates that the district court properly evaluated Salas-Alvarez’s case under the factors enumerated in the commentary to U.S.S.G. § 3B1.2, comparing him to the other known participants in the drug-trafficking activity and considering the totality of circumstances.

See U.S.S.G. § 3B1.2 cmt. n.3(c); Quintero-Leyva, 823 F.3d at 522-23. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.