UNITED STATES of America, Plaintiff-Appellee, v. Truc TRAN, a.k.a. Daniel, a.k.a. Truc Trung Tran, Defendant-Appellant, 467 F. App'x 659

MEMORANDUM True 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 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. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cír. R. 36-3.