U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Jackson-Plascencia

United States v. Jackson-Plascencia
U.S. Court of Appeals for the Ninth Circuit · Decided February 17, 2011 · Canby, Fernandez, Smith
414 F. App'x 954

United States v. Jackson-Plascencia

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.

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