FILED
NOT FOR PUBLICATION NOV 29 2011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. 11-10025
Plaintiff - Appellee, D.C. No. 1:02-cr-05050-AWI
v.
MEMORANDUM *
EDUARDO PANO CANO, a.k.a. Eduardo
Cano Pano,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, Chief Judge, Presiding
Submitted November 21, 2011 **
Before: TASHIMA, BERZON, and TALLMAN, Circuit Judges.
Eduardo Pano Cano appeals from the 188-month sentence imposed
following his guilty-plea conviction for conspiracy to manufacture and distribute
methamphetamine, and aiding and abetting in violation of 21 U.S.C. §§ 841(a)(1)
*
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).
and 846, and 18 U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Cano contends that the district court erred in denying him a minor role
adjustment under U.S.S.G. § 3B1.2. The district court considered Cano’s
argument that he was substantially less culpable than his co-defendants, and
rejected it. In light of Cano’s efforts to further the conspiracy, the district court did
not commit error by concluding that he did not meet his burden to prove that he
was entitled to a minor role adjustment. See United States v. Rosas, 615 F.3d
1058, 1067-68 (9th Cir. 2010).
AFFIRMED.
2 11-10025