United States of America v. Gilbert Ladonga

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NOT FOR PUBLICATION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.
GILBERT LADONGA,
Defendant - Appellant.
No. 11-10461
D.C. No. 1:10-cr-00042-FMTG
MEMORANDUM*
Appeal from the United States District Court
for the District of Guam
Frances Tydingco-Gatewood, Chief Judge, Presiding
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Gilbert Ladonga appeals from his jury-trial conviction and 78-month
sentence imposed for one count of criminal conspiracy and five counts of money
laundering. We have jurisdiction under 28 U.S.C. § 1291, and we affirm but
FILED
MAY 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-10461 2
remand to the district court to correct clerical errors in the judgment.
Ladonga contends that the district court procedurally erred by failing to
consider or to explain adequately why it rejected his arguments for a role reduction
under U.S.S.G. § 3B1.2 and for a downward variance. The record reflects that the
district court considered the arguments and adequately explained why neither a
role adjustment nor a downward variance was warranted. See United States v.
Carty, 520 F.3d 984, 995 (9th Cir. 2008) (en banc).
To the extent that Ladonga contends that the district court erred by denying
him a role adjustment under U.S.S.G. § 3B1.2, the district court did not clearly err
in denying the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1282-83
(9th Cir. 2006).
We remand to the district court with instructions to amend the judgment to
delete reference to 21 U.S.C. §§ 841(a)(1), 952 and 960, and replace it with the
proper statute of conviction for money laundering, 18 U.S.C. § 1956(a)(2)(B)(i).
AFFIRMED; REMANDED to correct the judgment.

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