FILED
NOT FOR PUBLICATION APR 16 2010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. 09-50248
Plaintiff - Appellee, D.C. No. 3:08-CR-00249-BTM
v.
MEMORANDUM *
ALEJANDRA TAPIA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Barry T. Moskowitz, District Judge, Presiding
Submitted April 5, 2010 **
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
Alejandra Tapia appeals from the 51-month sentence imposed following her
jury-trial conviction for bringing in an illegal alien for financial gain, in violation
of 8 U.S.C. § 1324(a)(2)(B)(ii), bringing in an illegal alien without presentation, in
*
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).
violation of 8 U.S.C. § 1324(a)(2)(B)(iii), aiding and abetting, in violation of 18
U.S.C. § 2, and bail jumping, in violation of 18 U.S.C. § 3146. We have
jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Tapia contends that the district court committed plain error by basing her 51-
month sentence on speculation about whether and when Tapia could enter and
complete the Bureau of Prison’s 500-hour drug abuse treatment program. No
reversible error was committed. See United States v. Duran, 37 F.3d 557, 561 (9th
Cir. 1994); see also United States v. Waknine, 543 F. 3d 546, 554 (9th Cir. 2008).
AFFIRMED.
2 09-50248