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UNITED STATES of America, Plaintiff-Appellee, v. Roberto GAMBOA, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2011-01-24No. No. 10-50298
411 F. App'x 965

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Opinion

majority opinion

MEMORANDUM

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)(l)(A)(ii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

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.

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