United States of America v. THOMAS EDWIN COCHEE, AKA Brandon M. Courtney, AKA Kevin Ross, AKA Kenneth Anderson,…

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NOT FOR PUBLICATION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.
THOMAS EDWIN COCHEE, AKA
Brandon M. Courtney, AKA Kevin Ross,
AKA Kenneth Anderson, AKA Jonathan
Houston, AKA Nicholas Letterman, AKA
Rodney Hudson,
Defendant - Appellant.
Nos. 09-50465
09-50601
D.C. No. 2:08-cr-00715-PSG
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
In these consolidated appeals, Thomas Edwin Cochee appeals from the
concurrent 24-month sentences imposed following his guilty-plea conviction for
FILED
OCT 28 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50465 2
bank fraud, aiding and abetting, and causing an act to be done, in violation of
18 U.S.C. §§ 1344, 2(a) and (b); and aggravated identity theft, aiding and abetting,
and causing an act to be done, in violation of 18 U.S.C. §§ 1029(a)(2), 2(a) and (b).
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Cochee contends that the district court erred by denying him a minor role
adjustment under the Sentencing Guidelines and by considering improper factors
when assessing his relative culpability in the offense. The record reflects that the
district court, based on the facts before it, properly considered whether Cochee was
substantially less culpable than his co-participants, and that it did not clearly err by
determining that Cochee was not eligible for the adjustment. See United States v.
Cantrell, 433 F.3d 1269, 1282-84 (9th Cir. 2006).
AFFIRMED.

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