United States v. Truc Tran

467 F. App'x 659

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 27, 2012
• Docket: 10-50339
• Status: Unpublished

Opinion

MEMORANDUM **

True Tran appeals from the 46-month sentence imposed following his jury-trial conviction for conspiracy to distribute methylenedioxy-methamphetamine (MDMA), in violation of 21 U.S.C. §§ 846, 841(a)(1), and possession with intent to distribute MDMA, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Tran contends that the district court procedurally erred by failing to consider whether a minor participant downward departure was warranted pursuant to U.S.S.G. § 3B1.2(b). This contention is without merit, as Tran failed to request a minor participant departure to the district court. See United States v. Quesada, 972 F.2d 281, 284 (9th Cir.1992).

AFFIRMED.

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