United States of America v. Carlos Alberto Madero- Higuera

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CARLOS ALBERTO MADERO-
HIGUERA,
Defendant - Appellant.
No. 14-50073
D.C. No. 3:13-cr-02436-JLS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Carlos Alberto Madero-Higuera appeals from the district court’s judgment
and challenges the 70-month sentence imposed following his guilty-plea
FILED
NOV 26 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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conviction for possession of cocaine with intent to distribute, in violation of 21
U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Madero-Higuera contends that the district court erred by failing to exercise
its independent judgment in denying his request for a minor role adjustment under
U.S.S.G. § 3B1.2(b). The record does not support this contention. The district
court considered the parties’ arguments and concluded that the record did not
provide a basis for finding that Madero-Higuera played a minor role in the criminal
scheme. The court’s rejection of the adjustment was consistent with the guideline
and our precedent. See U.S.S.G. § 3B1.2 cmt. n.3(A) (adjustment available only if
defendant is “substantially less culpable than the average participant”); United
States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir. 2011) (defendant’s
burden to establish his entitlement to the adjustment).
AFFIRMED.
14-50073 2

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