U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. Truc Tran

United States v. Truc Tran
U.S. Court of Appeals for the Ninth Circuit · Decided January 27, 2012 · Leavy, Tallman, Callahan
467 F. App'x 659

United States v. Truc Tran

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.

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