Opinion
No. 09-50492.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 12, 2010.
Christopher Seth Askins, Assistant U.S. Attorney, Bruce R. Castetter, Assistant U.S. Attorney, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Linda J. Lopez, Esquire, Federal Defenders of San Diego, Inc., San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, Larry A. Burns, District Judge, Presiding. D.C. No. 3:09-cr-01606.
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Raymundo Octavio Rodriguez-Aguirre appeals the 70-month sentence imposed following his guilty-plea conviction for importation of marijuana, in violation 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rodriguez-Aguirre contends the district court erred by denying him a minor role adjustment under U.S.S.G. § 3B1.2(b). We conclude that the district court did not clearly err by ruling that Rodriguez-Aguirre failed to carry his burden of proving that he was substantially less culpable than the average participant. See United States v. Awad, 371 F.3d 583, 591 (9th Cir. 2004); United States v. Hursh, 217 F.3d 761, 770 (9th Cir. 2000).
Rodriguez-Aguirre contends the district court failed to consider the role of others in the offense. The record reveals that the district court properly compared Rodriguez-Aguirre to the average participant in the case. See U.S.S.G. § 3B1.2 cmt n. 3(A); Awad, 371 F.3d at 591.
Rodriguez-Aguirre also contends that the district court was required to point to articulate facts showing managerial culpability. That contention lacks merit. See Awad, 371 F.3d at 591 ("The defendant bears the burden of proving that he is entitled to a downward adjustment baaed on his role in the offense.").