United States of America v. Roberto Gamboa

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NOT FOR PUBLICATION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.
ROBERTO GAMBOA,
Defendant - Appellant.
No. 10-50298
D.C. No. 3:10-cr-00197-JLS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted January 10, 2011**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Roberto Gamboa appeals from the 21-month sentence imposed following his
guilty-plea conviction for transportation of illegal aliens in violation of 8 U.S.C.
§ 1324(a)(1)(A)(ii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JAN 24 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50298 2
Gamboa contends that the district court committed error by failing to
evaluate the complete factual basis of his request for a minor role adjustment. This
contention is belied by the record.
Gamboa also contends that the district court erred by failing to grant a
minor-role adjustment. The district court did not err by denying the adjustment
because Gamboa did not meet his burden of demonstrating by a preponderance of
the evidence that he was substantially less culpable than his co-participants. See
United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir. 2006).
AFFIRMED.

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