Opinion
No. 14-50171
01-28-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARLENI DEL CARMEN ARANA-CHAVARRIA, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:13-cr-03587-DMS MEMORANDUM Appeal from the United States District Court for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Before: CANBY, GOULD, 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.
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 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.