USA V. CARLOS MADERO-HIGUERA, No. 14-50073 (9th Cir. 2014)

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FILED NOV 26 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-50073 D.C. No. 3:13-cr-02436-JLS v. MEMORANDUM* CARLOS ALBERTO MADEROHIGUERA, Defendant - Appellant. Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding Submitted November 18, 2014** Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges. Carlos Alberto Madero-Higuera appeals from the district court’s judgment and challenges the 70-month sentence imposed following his guilty-plea * 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). conviction for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Madero-Higuera contends that the district court erred by failing to exercise its independent judgment in denying his request for a minor role adjustment under U.S.S.G. § 3B1.2(b). The record does not support this contention. The district court considered the parties’ arguments and concluded that the record did not provide a basis for finding that Madero-Higuera played a minor role in the criminal scheme. The court’s rejection of the adjustment was consistent with the guideline and our precedent. See U.S.S.G. § 3B1.2 cmt. n.3(A) (adjustment available only if defendant is “substantially less culpable than the average participant”); United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir. 2011) (defendant’s burden to establish his entitlement to the adjustment). AFFIRMED. 2 14-50073

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