USA v. Carlos Plascencia, No. 10-50030 (9th Cir. 2011)

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FILED FEB 17 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-50030 D.C. No. 3:09-cr-03516-LAB v. MEMORANDUM * CARLOS EDMUNDO JACKSONPLASCENCIA, 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

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