United States v. Carlos Madero-Higuera

U.S. Court of Appeals for the Ninth Circuit
United States v. Carlos Madero-Higuera, 585 F. App'x 721 (9th Cir. 2014)

United States v. Carlos Madero-Higuera

Opinion

MEMORANDUM **

Carlos Alberto Madero-Higuera appeals from the district court’s judgment and challenges the 70-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.

Madero-Higuera contends that the district court erred by failing to exercise its independent judgment in denying his request for a minor role adjustment under U.S.S.G. § 3B1.2(b). The record does not support this contention. The district court considered the parties’ arguments and concluded that the record did not provide a basis for finding that Madero-Higuera played a minor role in the criminal scheme. The court’s rejection of the adjustment was consistent with the guideline and our precedent. See U.S.S.G. § 3B1.2 cmt. n. 3(A) (adjustment available only if defendant is “substantially less culpable than the average participant”); United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir. 2011) (defendant’s burden to establish his entitlement to the adjustment).

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. Carlos ALBERTO MADERO-HIGUERA, Defendant-Appellant
Status
Unpublished