United States v. Truc Tran

FILED NOT FOR PUBLICATION JAN 27 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-50339 Plaintiff - Appellee, D.C. No. 2:09-cr-00360-PA v. MEMORANDUM * TRUC TRAN, a.k.a. Daniel, a.k.a. Truc Trung Tran, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding Submitted January 17, 2012 ** Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges. Truc Tran appeals from the 46-month sentence imposed following his jury- trial conviction for conspiracy to distribute methylenedioxy-methamphetamine (MDMA), in violation of 21 U.S.C. §§ 846, 841(a)(1), and possession with intent * 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. Appellant. P. 34(a)(2). to distribute MDMA, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Tran contends that the district court procedurally erred by failing to consider whether a minor participant downward departure was warranted pursuant to U.S.S.G. § 3B1.2(b). This contention is without merit, as Tran failed to request a minor participant departure to the district court. See United States v. Quesada, 972 F.2d 281, 284 (9th Cir. 1992). AFFIRMED. 2 10-50339