FILED
NOT FOR PUBLICATION SEP 27 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50361
Plaintiff - Appellee, D.C. No. 3:08-cr-02267-DMS
v.
JESSICA MICHELLE ALFARO, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Jessica Michelle Alfaro appeals from the 21-month sentence imposed
following her guilty-plea conviction for importation of marijuana, in violation of
21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
*
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).
Alfaro contends the district court procedurally erred by misconstruing the
acceptance of responsibility guideline. In particular, she contends the district court
erred by adopting the probation officer’s erroneous conclusion that Alfaro did not
qualify for a downward adjustment for acceptance of responsibility because she
had been arrested while on bond for check fraud. This contention fails because the
district court did not rely on Alfaro’s arrest to deny acceptance of responsibility.
Alfaro further contends the district court procedurally erred by 1) sentencing
her based on a clearly erroneous finding that she attempted to abscond; 2) violating
Rule 32 of the Federal Rules of Criminal Procedure by both sustaining her
objection to the probation officer’s account of her arrest while on bond and using
that analysis to increase her sentence; and 3) failing to adequately explain the
sentence imposed. These contentions are not supported by the record.
Finally, Alfaro contends her sentence is substantively unreasonable. The
sentence imposed is substantively reasonable under the totality of the
circumstances. See Gall v. United States, 552 U.S. 38, 51 (2007); United States v.
Carty, 520 F.3d 984, 992-93 (9th Cir. 2008) (en banc).
AFFIRMED.
2 09-50361