NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT AUG 20 2013
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 12-50541
Plaintiff - Appellee, D.C. No. 3:12-cr-02203-LAB-1
v.
MEMORANDUM *
ALEXANDRO NECOCHEA-VALERA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
**
Submitted August 1, 2013
Before: GRABER, WARDLAW, and PAEZ, Circuit Judges.
Alexandro Necochea-Valera appeals from the district court’s judgment and
challenges the 41-month sentence imposed following his guilty-plea conviction for
importation of marijuana, in violation of 21 U.S.C. §§ 952, 960. 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).
Contrary to Necochea’s assertion, the district court did not clearly err in
denying him a minor role adjustment under U.S.S.G. § 3B1.2(b). See United
States v. Hursh, 217 F.3d 761, 770 (9th Cir. 2000) (denial of minor role adjustment
not clear error where the defendant was the sole driver and occupant of a car in
which a substantial amount of drugs were hidden).
AFFIRMED.
2 12-50541