United States v. Kevin Wright

MEMORANDUM

Kevin Kaller Wright appeals from the 84-month sentence imposed following his guilty-plea conviction for conspiracy to advertise, transport, receive, distribute, solicit, and possess child pornography, in violation of 18 U.S.C. §§ 2251 (d)(1)(A), (e); and 2252A(a), (b)(l)(2). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Wright contends that the district court committed legal error in considering his request for a role adjustment pursuant to U.S.S.G. § 3B 1.2(a). The record reflects that the court properly considered Wright’s conduct as compared to the other participants in the conspiracy in assessing whether to grant the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1283 (9th Cir.2006). Contrary to Wright’s contention, the district court did not state that it was precluded from granting the adjustment because it had already granted him a reduction under the Guidelines for not distributing child pornography, nor did it otherwise legally err. Furthermore, because Wright failed to meet his burden of proving that he was substantially less culpable than his co-conspirators, the court did not clearly err in denying the adjustment. See id. at…