United States v. Jesus Pacheco

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT APR 17 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS UNITED STATES OF AMERICA, No. 14-10093 Plaintiff - Appellee, D.C. No. 4:13-cr-00017-JSW-2 v. MEMORANDUM* JESUS PACHECO, Defendant - Appellant. Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding Submitted January 29, 2015** Before: HUG, FARRIS, and CANBY, Circuit Judges. Jesus Pacheco appeals from the district court’s judgment and challenges the 80-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846, and possession with intent to distribute methamphetamine, in violation of 21 * 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). U.S.C. §§ 841 (a)(1), (b)(1)(A)(viii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Pacheco contends that the district court clearly erred by denying him a minor role adjustment pursuant to U.S.S.G. § 3B1.2(b). In light of the very large quantity of methamphetamine and Pacheco’s conduct over the course of several days, including storing methamphetamine at his home, the district court did not clearly err. See United States v. Hurtado, 760 F.3d 1065, 1068-69 (9th Cir. 2014); United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir. 2011); United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir. 2006). AFFIRMED. 2