United States of America v. Eduardo Pano Cano, a.k.a. Eduardo Cano Pano

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NOT FOR PUBLICATION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.
EDUARDO PANO CANO, a.k.a. Eduardo
Cano Pano,
Defendant - Appellant.
No. 11-10025
D.C. No. 1:02-cr-05050-AWI
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, Chief Judge, Presiding
Submitted November 21, 2011**
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
Eduardo Pano Cano appeals from the 188-month sentence imposed
following his guilty-plea conviction for conspiracy to manufacture and distribute
methamphetamine, and aiding and abetting in violation of 21 U.S.C. §§ 841(a)(1)
FILED
NOV 29 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10025 2
and 846, and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Cano contends that the district court erred in denying him a minor role
adjustment under U.S.S.G. § 3B1.2. The district court considered Cano’s
argument that he was substantially less culpable than his co-defendants, and
rejected it. In light of Cano’s efforts to further the conspiracy, the district court did
not commit error by concluding that he did not meet his burden to prove that he
was entitled to a minor role adjustment. See United States v. Rosas, 615 F.3d
1058, 1067-68 (9th Cir. 2010).
AFFIRMED.

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