United States v. Roberto Gamboa

U.S. Court of Appeals for the Ninth Circuit
United States v. Roberto Gamboa, 411 F. App'x 965 (9th Cir. 2011)

United States v. Roberto Gamboa

Opinion

MEMORANDUM **

Roberto Gamboa appeals from the 21-month sentence imposed following his guilty-plea conviction for transportation of illegal aliens in violation of 8 U.S.C. § 1324(a)(l)(A)(ii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Gamboa contends that the district court committed error by failing to evaluate the complete factual basis of his request for a minor role adjustment. This contention is belied by the record.

Gamboa also contends that the district court erred by failing to grant a minor-role adjustment. The district court did not err by denying the adjustment because Gamboa did not meet his burden of demonstrating by a preponderance of the evidence that he was substantially less culpable than his co-participants. See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir. 2006).

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Roberto GAMBOA, Defendant-Appellant
Status
Unpublished