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United States v. Jackson-Plascencia

Court of Appeals for the Ninth Circuit · 10-50030 · 2011-02-17 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Carlos Edmundo JACKSON-PLASCENCIA, Defendant-Appellant

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Larry Alan Burns (district judge)
Outcome
affirmed — AFFIRMED.
Area
criminal
Panel
William C. Canby, Jr. (author), Smith, Ferdinand F. Fernandez

Analysis

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Opinion

FILED NOT FOR PUBLICATION FEB 17 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 10-50030 Plaintiff - Appellee, D.C. No. 3:09-cr-03516-LAB v. MEMORANDUM * CARLOS EDMUNDO JACKSON- PLASCENCIA, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.

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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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.

2 10-50030