United States of America v. Efrain Flores

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EFRAIN FLORES,
Defendant - Appellant.
No. 12-30033
D.C. No. 2:10-cr-06089-RMP
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Rosanna Malouf Peterson, Chief Judge, Presiding
Submitted August 14, 2013**
Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.
Efrain Flores appeals from the district court’s judgment and challenges the
63-month sentence imposed following his guilty-plea conviction for possession
with intent to distribute 50 grams or more of “actual” (pure) methamphetamine, in
violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291,
FILED
AUG 16 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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and we affirm.
Flores contends that the district court erred in denying him a minor role
adjustment under U.S.S.G. § 3B1.2(b). We review for clear error. See United
States v. Cantrell, 433 F.3d 1269, 1282 (9th Cir. 2006). Because Flores failed to
prove that he was substantially less culpable than the average participant in the
offense, the district court did not clearly err by denying the adjustment. See
U.S.S.G. § 3B1.2 cmt. n.3(A); Cantrell, 433 F.3d at 1282-83.
AFFIRMED.

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