United States v. Alexandro Necochea-Valera
UNITED STATES of America, Plaintiff-Appellee, v. Alexandra NECOCHEA-VALERA, Defendant-Appellant
- Area
- other
- Panel
- Susan Graber (author), Richard A. Paez, Kim M. Wardlaw
Analysis
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Opinion
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT AUG 20 2013
MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS UNITED STATES OF AMERICA, No. 12-50541 Plaintiff - Appellee, D.C. No. 3:12-cr-02203-LAB-1 v. MEMORANDUM * ALEXANDRO NECOCHEA-VALERA, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding ** Submitted August 1, 2013 Before: GRABER, WARDLAW, and PAEZ, Circuit Judges.
Alexandro Necochea-Valera appeals from the district court’s judgment and challenges the 41-month sentence imposed following his guilty-plea conviction for importation of marijuana, in violation of 21 U.S.C. §§ 952, 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* 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). Contrary to Necochea’s assertion, the district court did not clearly err in denying him a minor role adjustment under U.S.S.G. § 3B1.2(b). See United States v. Hursh, 217 F.3d 761, 770 (9th Cir. 2000) (denial of minor role adjustment not clear error where the defendant was the sole driver and occupant of a car in which a substantial amount of drugs were hidden).
AFFIRMED.
2 12-50541