United States of America v. Ivis D. Martinez-Mascareno

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
IVIS D. MARTINEZ-MASCARENO,
Defendant - Appellant.
No. 12-30280
D.C. No. 2:12-cr-00069-RAJ
MEMORANDUM*
Appeal from the United States District Court
for the Western District of Washington
Richard A. Jones, District Judge, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Ivis D. Martinez-Mascareno appeals from the district court’s judgment and
challenges the 48-month sentence imposed following his guilty-plea conviction for
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.
FILED
JUN 21 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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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.
12-30280 2

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