United States v. Jose Jacobo-Regalado
Opinion
Opinion
MEMORANDUM
Jose Juan Guadalupe Jacobo-Regalado appeals from the 36-month sentence imposed following his guilty-plea conviction for possession with intent to distribute approximately 667 grams of heroin, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(B)©. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.
Jacobo-Regalado contends that the district court erred by failing to consider his argument in support of his request for a minor role adjustment, pursuant to U.S.S.G. § 3B1.2(b). The record reflects that the district court gave sufficient consideration to Jacobo-Regalado’s written submissions and arguments in favor of the adjustment, and did not clearly err by denying the request. See United States v. Cantrell, 433 F.3d 1269, 1283-84 (9th Cir. 2006). The district court did not procedurally err, as it correctly calculated the applicable Guidelines range and imposed a sentence below that range in accordance with its consideration of the factors enumerated in 18 U.S.C. § 3553 (a). See Gall v. United States, 552 U.S. 38 , 128 S.Ct. 586, 596-97 , 169 L.Ed.2d 445 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.2008) (en banc).