United States v. Lais Noori

419 F. App'x 678
Court of Appeals for the Eighth Circuit·Decided July 1, 2011·No. 10-2837·Unpublished

Opinion

PER CURIAM.

Appellant Lais Noori challenges his sentence of 30 months’ imprisonment, arguing that (1) the district court 1 erred by not sua sponte applying a minor-role downward adjustment to his offense level, and (2) the district court failed to consider relevant information about Noori’s background and gave improper weight to the quantity of drugs involved in the offense, thereby ai’riving at an unreasonable sentence. We affirm.

On April 14, 2010, Noori pled guilty to one count of conspiracy to distribute and possess with intent to distribute in excess of 500 grams of cocaine in violation of 21 U.S.C. § 846. As part of Noori’s plea agreement, the parties stipulated to facts relevant to sentencing and agreed that the only known applicable downward adjustment was for acceptance of responsibility. The United States Probation Office prepared a Presentence Investigation Report (PSR), calculating a total offense level of 23, which included a three-level downward adjustment for acceptance of responsibility, and a criminal history category of I. The resulting advisory United States Sentencing Guidelines range was 46 to 57 months’ imprisonment. On August 6, 2010, the district court held a sentencing hearing. At the hearing, Noori’s counsel made no objections to the PSR and said Noori had no departure motions. After hearing arguments from both sides about the applicability of the 18 U.S.C. § 3553(a) sentencing factors, the district court sentenced Noori to 30 months’ imprisonment, a 16-month downward variance from the bottom of the advisory Guidelines range. Noori appeals this sentence on several grounds.

First, Noori argues the district court erred by failing to grant him a downward adjustment in his offense level based on the insignificance of Noori’s role in the conspiracy. See U.S.S.G. § 3B1.2(b) (two-level decrease in offense level is appropriate if defendant was a “minor participant” in the criminal activity). Because Noori (1) signed a plea agreement that stipulated that the only relevant downward adjustment was for acceptance of responsibility; (2) failed to object to the PSR, which contained only a downward adjustment for acceptance of responsibility; and (3) did not seek “an adjustment under § 3B1.2 from the District Court during sentencing,” we review only for plain error. United States v. Nichols, 151 F.3d 850, 854 (8th *679 Cir.1998). Under plain-error review, we reverse only if “the error was so prejudicial as to have affected substantial rights resulting in a miscarriage of justice.” United States v. Weaver, 554 F.3d 718, 722 (8th Cir.2009) (internal quotation omitted), cert, denied, — U.S.-, 130 S.Ct. 140, 175 L.Ed.2d 92 (2009). The district court did not commit plain error by failing to apply a minor-role adjustment. The facts in this case do not require such a reduction. Although Noori points to evidence that some of his co-conspirators were more culpable than he was, this alone does not entitle him to a minor-role reduction. “[M]erely showing the defendant was less culpable than other participants is not enough to entitle the defendant to the adjustment if the defendant was ‘deeply involved’ in the offense.” United States v. Bush, 352 F.3d 1177, 1182 (8th Cir.2003); see also United States v. Rodamaker, 56 F.3d 898, 904 (8th Cir.1995) (although wife may have been less culpable than husband, no minor-participant reduction because she had “important role” in scheme). In the instant case, there is ample evidence that Noori was “deeply involved” in the conspiracy. The stipulated facts reveal that Noori was present at all four meetings planning the exchange of a vehicle for two kilograms of cocaine and that Noori knew the quantity of cocaine involved in the deal. Given this involvement, the district court did not plainly err by failing to sua sponte apply a minor-role reduction. See United States v. McGrady, 97 F.3d 1042, 1043 (8th Cir.1996) (drug courier was not entitled to minor-role adjustment); United States v. Wilson, 102 F.3d 968, 973 (8th Cir.1996) (bodyguard and driver not entitled to adjustment).

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United States v. Lais Noori, 419 F. App'x 678 (8th Cir. 2011).

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