Opinion
Nos. 09-50465, 09-50601.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed October 28, 2010.
Harvinder S. Anand, Michael J. Raphael, Esquire, Assistant U.S. Attorneys, Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.
Davina T. Chen, Assistant Federal Public Defender, Hayne Yoon, Esquire, FPDCA — Federal Public Defender's Office, Los Angeles, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Central District of California, Philip S. Gutierrez, District Judge, Presiding. D.C. No. 2:08-cr-00715-PSG.
Before: O'SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
In these consolidated appeals, Thomas Edwin Cochee appeals from the concurrent 24-month sentences imposed following his guilty-plea conviction for bank fraud, aiding and abetting, and causing an act to be done, in violation of 18 U.S.C. §§ 1344, 2(a) and (b); and aggravated identity theft, aiding and abetting, and causing an act to be done, in violation of 18 U.S.C. §§ 1029(a)(2), 2(a) and (b). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Cochee contends that the district court erred by denying him a minor role adjustment under the Sentencing Guidelines and by considering improper factors when assessing his relative culpability in the offense. The record reflects that the district court, based on the facts before it, properly considered whether Cochee was sub stantially less culpable than his co-participants, and that it did not clearly err by determining that Cochee was not eligible for the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1282-84 (9th Cir. 2006).