FILED
NOT FOR PUBLICATION MAR 16 2011
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. 10-10108
Plaintiff - Appellee, D.C. No. 1:09-cr-00204-DAE
v.
MEMORANDUM *
JANE DOE,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Hawaii
David A. Ezra, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Jane Doe appeals from the 100-month sentence imposed following her
guilty-plea conviction of possession with intent to distribute methamphetamine, in
violation of 21 U.S.C. § 841. 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).
Doe contends that the district court erred in denying her a two-level minor
role reduction. We need not reach this question, as Doe’s sentence of 100 months
was below the statutory minimum of ten years, see 21 U.S.C. § 841(b)(1)(A)(viii),
and the court lacked the authority to depart further from the statutory minimum on
the basis of Doe’s role in the offense, see United States v. Jackson, 577 F.3d 1032,
1036 (9th Cir. 2009).
AFFIRMED.
2 10-10108