Opinion
No. 07-50336.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed September 10, 2008.
Luella M. Caldito, Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
David A. Schlesinger, Esq., Guerrero Jacobs Schlesinger LLP, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, Barry T. Moskowitz, District Judge, Presiding. D.C. No. CR-98-00037-BTM.
Before: TASHIMA, SILVERMAN, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Rafael Santana appeals from the 36-month sentence imposed following his guilty-plea conviction for importing marijuana, in violation of 21 U.S.C. § 952. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Santana contends that the district court clearly erred by declining to grant him a downward adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1. The district court did not clearly err because Santana absconded before sentencing. See United States v. Thompson, 80 F.3d 368, 371 (9th Cir. 1996).