UNITED STATES of America, Plaintiff-Appellee, v. Carlos Antonio CERVANTES, Defendant-Appellant, 693 F. App'x 680

MEMORANDUM Carlos Antonio Cervantes appeals from the district court’s judgment and challenges the 78-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Cervantes contends that he is entitled to resentencing under United States v.

Quintero-Leyva, 823 F.3d 519 (9th Cir. 2016), because the district court did not consider the 2015 amendment to the minor role guideline, U.S.S.G. § 3B1.2, when evaluating his request for a minor role reduction. We decline to remand because the record reflects that the district court considered the amendment in concluding that Cervantes and his two co-conspirators were not entitled to a minor role adjustment. The record makes clear that the court would not reach a different conclusion if Cervantes’s case were remanded. AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.