United States v. Erick Aguilar-Espinoza

469 F. App'x 542

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 24, 2012
• Docket: 11-50282
• Status: Unpublished

Opinion

MEMORANDUM **

Erick Aguilar-Espinoza appeals from the 24-month sentence imposed following his jury-trial conviction for importation of marijuana, in violation of 21 U.S.C. §§ 952, 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Aguilar-Espinoza contends that the district court erred in denying him a minor role adjustment under U.S.S.G. § 3B1.2(b). The district court did not clearly err in determining that Aguilar-Espinoza failed to carry his burden of establishing that he was “substantially less culpable” than his uncharged co-conspirator. See U.S.S.G. § 3B1.2, cmt. n. 3(A); United States v. Awad, 371 F.3d 583, 591 (9th Cir.2004) (defendant bears the burden on entitlement to adjustment); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000) (denial of a minor role adjustment not clear error where the defendant was the sole driver and occupant of a car in which a substantial amount of drugs were hidden).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.