United States of America v. Carlos Edmundo Jackson- Plascencia

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NOT FOR PUBLICATION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.
CARLOS EDMUNDO JACKSON-
PLASCENCIA,
Defendant - Appellant.
No. 10-50030
D.C. No. 3:09-cr-03516-LAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Carlos Edmundo Jackson-Plascencia appeals from the 57-month sentence
imposed following his guilty-plea conviction for possession of cocaine with intent
to distribute, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28
FILED
FEB 17 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50030 2
U.S.C. § 1291, and we affirm.
Jackson-Plascencia contends that the district court erred by applying the
wrong legal standards when evaluating whether he should receive a minor role
adjustment under U.S.S.G. § 3B1.2(b). The record reflects that the district court
applied the correct legal standard in denying the adjustment and did not clearly err
by determining that Jackson-Plascencia did not meet his burden of showing that he
was substantially less culpable than his co-participants. See United States v.
Cantrell, 433 F.3d 1269, 1282-84 (9th Cir. 2006).
AFFIRMED.

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