United States v. Lorenzo Espinoza

I respectfully dissent. As Espinoza did not raise his procedural objections in the district court, we review for plain error. United States v. Blinkinsop, 606 F.3d 1110, 1114 (9th Cir.2010). Espinoza bears the burden of persuading this Court that the error affected the outcome of the proceeding. United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir.2005). Espinoza has not shown that the imposition of the role enhancement or denying the government the opportunity to speak has “affected [his] substantial rights,” and thus he has not demonstrated plain error. United States v. Marcus, 560 U.S.…