FILED
NOT FOR PUBLICATION JAN 24 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50298
Plaintiff - Appellee, D.C. No. 3:10-cr-00197-JLS
v.
MEMORANDUM *
ROBERTO GAMBOA,
Defendant - Appellant.
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.
*
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).
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.
2 10-50298