United States of America v. Raymundo Octavio Rodriguez- Aguirre

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAYMUNDO OCTAVIO RODRIGUEZ-
AGUIRRE,
Defendant - Appellant.
No. 09-50492
D.C. No. 3:09-cr-01606
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Raymundo Octavio Rodriguez-Aguirre appeals the 70-month sentence
imposed following his guilty-plea conviction for importation of marijuana, in
FILED
OCT 12 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50492 2
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 based on his role in the offense.”).
AFFIRMED.

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