United States v. Jackson-Plascencia
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
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
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FILED NOT FOR PUBLICATION FEB 17 2011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