United States of America v. Jose Juan Guadalupe Jacobo- Regalado

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
AK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE JUAN GUADALUPE JACOBO-
REGALADO,
Defendant - Appellant.
No. 09-10144
D.C. No. 4:08-cr-01622-DSD
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
David S. Doty, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Jose Juan Guadalupe Jacobo-Regalado appeals from the 36-month sentence
imposed following his guilty-plea conviction for possession with intent to
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AK/Research 09-10144 2
distribute approximately 667 grams of heroin, in violation of 21 U.S.C.
§ 841(a)(1) and (b)(1)(B)(i). 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, 128 S. Ct.
586, 596-97 (2007); see also United States v. Carty, 520 F.3d 984, 991-93 (9th Cir.
2008) (en banc).
AFFIRMED.

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