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NOT FOR PUBLICATION JAN 27 2012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