USA V. ALEXANDRO NECOCHEA-VALERA, No. 12-50541 (9th Cir. 2013)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT AUG 20 2013 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 12-50541 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

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