United States of America v. Alexandro Necochea-Valera

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NOT FOR PUBLICATION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.
ALEXANDRO NECOCHEA-VALERA,
Defendant - Appellant.
No. 12-50541
D.C. No. 3:12-cr-02203-LAB-1
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted August 1, 2013 **
Before: GRABER, WARDLAW, and PAEZ, Circuit Judges.
Alexandro Necochea-Valera appeals from the district court’s judgment and
challenges the 41-month sentence imposed following his guilty-plea conviction for
importation of marijuana, in violation of 21 U.S.C. §§ 952, 960. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
AUG 20 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-50541 2
Contrary to Necochea’s assertion, the district court did not clearly err in
denying him a minor role adjustment under U.S.S.G. § 3B1.2(b). See United
States v. Hursh, 217 F.3d 761, 770 (9th Cir. 2000) (denial of minor role adjustment
not clear error where the defendant was the sole driver and occupant of a car in
which a substantial amount of drugs were hidden).
AFFIRMED.

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