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United States v. Erick Aguilar-Espinoza

Court of Appeals for the Ninth Circuit · 11-50282 · 2012-02-24 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Erick AGUILAR-ESPINOZA, Defendant-Appellant

Area
other
Panel
Ferdinand F. Fernandez (author), Mary M. McKeown, Jay S. Bybee

Analysis

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Opinion

FILED NOT FOR PUBLICATION FEB 24 2012

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. 11-50282 Plaintiff - Appellee, D.C. No. 3:11-cr-00141-LAB v. MEMORANDUM * ERICK AGUILAR-ESPINOZA, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Erick Aguilar-Espinoza appeals from the 24-month sentence imposed following his jury-trial 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). Aguilar-Espinoza contends that the district court erred in denying him a minor role adjustment under U.S.S.G. § 3B1.2(b). The district court did not clearly err in determining that Aguilar-Espinoza failed to carry his burden of establishing that he was “substantially less culpable” than his uncharged co-conspirator. See U.S.S.G. § 3B1.2, cmt. n. 3(A); United States v. Awad, 371 F.3d 583, 591 (9th Cir.

2004) (defendant bears the burden on entitlement to adjustment); United States v. Hursh, 217 F.3d 761, 770 (9th Cir. 2000) (denial of a 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 11-50282