United States v. Jackson-Plascencia

414 F. App'x 954

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 17, 2011
• Docket: 10-50030
• Status: Unpublished

Opinion

MEMORANDUM **

Carlos Edmundo Jackson-Plascencia appeals from the 57-month sentence imposed following his guilty-plea conviction for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Jackson-Plascencia contends that the district court erred by applying the wrong legal standards when evaluating whether he should receive a minor role adjustment under U.S.S.G. § 3B1.2(b). The record reflects that the district court applied the correct legal standard in denying the adjustment and did not clearly err by determining that Jackson-Plascencia did not meet his burden of showing that he was substantially less culpable than his co-participants. See United States v. Cantrell, 433 F.3d 1269, 1282-84 (9th Cir.2006).

AFFIRMED.

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