LAW.coLAW.co

UNITED STATES of America, Plaintiff-Appellee, v. Sergio CARRENO, a/k/a Sergio Carreno Hernandez, Sergio Eduardo Sergio Eduardo Carreno Hernandez, a/k/a Edward Hernandez, a/k/a David Morales Flores, a/k/a Julio A. Pons a/k/a Cero Rios, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2009-01-26No. No. 07-50213
310 F. App'x 187

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MEMORANDUM

Sergio Carreno appeals from the 57-month sentence imposed following his jury-trial conviction for conspiracy, in violation of 18 U.S.C. § 371, and trafficking in motor vehicles with altered identification numbers, in violation of 18 U.S.C. § 2321. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Carreno first contends that the district court plainly erred by failing to provide notice that it intended to apply an upward adjustment for his role in the offense, pursuant to U.S.S.G. § 3Bl.l(c). We conclude that Carreno has not established that any error affected his substantial rights. See United States v. Olano, 507 U.S. 725, 734, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993).

Carreno also contends that the district court erred by applying the two-level aggravating role adjustment. We find no clear error. See United States v. Maldonado, 215 F.3d 1046, 1051 (9th Cir.2000).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.