United States v. Marleni Arana-Chavarria , 591 F. App'x 563 ( 2015 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JAN 28 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50171
Plaintiff - Appellee, D.C. No. 3:13-cr-03587-DMS
v.
MEMORANDUM*
MARLENI DEL CARMEN
ARANA-CHAVARRIA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted January 21, 2015**
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
Marleni Del Carmen Arana-Chavarria appeals from the district court’s
judgment and challenges the 60-month sentence imposed following her guilty-plea
conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Arana-Chavarria contends that the district court erred by failing to compare
her culpability to that of other participants in the drug smuggling organization when
it denied her a minor role adjustment under U.S.S.G. § 3B1.2(b). We review de
novo the district court's interpretation of the guidelines and for clear error the district
court’s factual determination that a defendant is not a minor participant. See United
States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014). Contrary to
Arana-Chavarria’s contention, the record reflects that the court properly considered
Arana-Chavarria’s culpability relative to that of the average participant. See
U.S.S.G. § 3B1.2 cmt. n.3(A). Further, in light of the totality of the circumstances,
the district court did not clearly err in determining that Arana-Chavarria failed to
prove that she was entitled to the adjustment. See id. § 3B1.2 cmt. n.3(C); Hurtado,
760 F.3d at 1069.
AFFIRMED.
2 14-50171