United States v. Erick Aguilar-Espinoza , 469 F. App'x 542 ( 2012 )

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NOT FOR PUBLICATION FEB 24 2012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