United States v. Jackson

MEMORANDUM **

Rodney L. Jackson appeals his sentence of 262 months imposed following his guilty plea conviction for conspiracy to possess with intent to distribute a controlled substance (cocaine), in violation of 21 U.S.C. § 846 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Jackson contends the district court erred by refusing to grant him a minor role reduction pursuant to U.S.S.G. § 3B1.2(b). We review for clear error a district court’s determination that a defendant was not a minor participant. See United States v. Benitez, 34 F.3d 1489, 1497 (9th Cir.1994).

Jackson contends that the district court’s failure to consider the role of the supplier violated the mandate of United States v. Rojas-Millan, 234 F.3d 464, 472 (9th Cir.2000), that the court, in a minor role analysis, consider other participants in the conspiracy who were not charged as defendants in the indictment.

We reject Jackson’s argument. In Rojas-Millan , the defendant was a courier delivering drugs from one state to another. The district court refused to consider other possible actors in the alleged conspiracy and made no findings comparing RojasMillan’s role relative to other…