United States v. Cedric Roberson , 516 F. App'x 650 ( 2013 )

FILED
NOT FOR PUBLICATION APR 22 2013
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. 12-10480
Plaintiff - Appellee, D.C. No. 2:10-cr-00211-GEB
v.
MEMORANDUM *
CEDRIC ROBERSON,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., District Judge, Presiding
Submitted April 16, 2013 **
Before: CANBY, IKUTA, and WATFORD, Circuit Judges.
Cedric Roberson appeals from the district court’s judgment and challenges
the 22-month sentence imposed following his guilty-plea conviction for conspiracy
to defraud the government, in violation of 18 U.S.C. § 286. We have jurisdiction
*
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).
under 28 U.S.C. § 1291, and we affirm.
Roberson contends that the district court clearly erred when it applied a
three-level aggravating role enhancement under U.S.S.G. § 3B1.1(b). Roberson
argues that the record does not support a finding that he served as either a manager
or supervisor because there was no evidence to show that he directed, managed or
supervised any other participant in the offense. Contrary to Roberson’s contention,
the record reflects that he recruited and supervised others in the commission of the
offense. Therefore, the court did not clearly err in applying the adjustment. See
United States v. Riley, 335 F.3d 919, 929 (9th Cir. 2003) (aggravating role
enhancement is warranted where the defendant was “responsible for organizing
others for the purpose of carrying out the crime”) (internal quotations ommitted);
United States v. Egge, 223 F.3d 1128, 1131 (9th Cir. 2000) (stating standard of
review).
Roberson also contends that the district court should be ordered to consider
his entitlement to a minor role adjustment on remand. We do not reach this
contention in light of our disposition above.
AFFIRMED.
2 12-10480