United States v. Daniel Aldecoa-Gonzalez

Good Law
470 F. App'x 667
United States Court of Appeals for the Ninth CircuitMarch 5, 201211-10376California205 words

Opinion

Opinion

MEMORANDUM

Daniel Aldeeoa-Gonzalez appeals from the 41-month sentence imposed following his guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952 (a), and 960(a)(1), (b)(2)(B)(ii), and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(B)(ii)(II). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Aldeeoa-Gonzalez contends that the district court erred by declining to award a minor role adjustment because he was less culpable than the principals in the offense. The district court did not clearly err by declining to award the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1283 (9th Cir.2006).

Aldeeoa-Gonzalez also contends that the district court erred by not granting a third-point reduction for acceptance of responsibility. This contention lacks merit. See U.S.S.G. § 3El.l(b), cmt. n. 6; see also United States v. Johnson, 581 F.3d 994, 1004 (9th Cir.2009).

Aldeeoa-Gonzalez finally contends the district court procedurally erred by failing properly to calculate the advisory Guidelines range. This contention is belied by the record. See United States v. Carty, 520 F.3d 984, 991 (9th…

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