DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
163356P.pdf 05/18/2017 United States v. David Cartagena
U.S. Court of Appeals Case No: 16-3356
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Shepherd, Author, with Riley and Beam, Circuit Judges]
Criminal Case - sentence. District court did not plainly err in denying a
minimal role adjustment, even though the district court did not expressly
refer to the factors set forth in commentary to U.S.S.G sec. 3B1.2, as
Cartegena did not show a reasonable probability that he would have
received a minimal role adjustment or a lesser sentence; merely showing
less culpability does not entitled defendant to adjustment. District court
did not abused its discretion in sentence of 36 months above the mandatory
minimum after it considered the section 3553(a) factors; sentence was not
substantively unreasonable.