NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 13 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 14-50140
Plaintiff - Appellee, D.C. No. 3:13-cr-03554-LAB
v.
MEMORANDUM*
ANNA MARGARITA SANDOVAL,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted April 7, 2015**
Before: FISHER, TALLMAN, and NGUYEN, Circuit Judges.
Anna Margarita Sandoval appeals from the district court’s judgment and
challenges the 48-month sentence imposed following her guilty-plea conviction for
importation of cocaine, in violation of 21 U.S.C. §§ 952 & 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).
Sandoval contends that the district court procedurally erred by failing to
award her a mitigating role adjustment under U.S.S.G. § 3B1.2. We review the
district court’s interpretation of the Sentencing Guidelines de novo, its application
of the Guidelines to the facts of the case for abuse of discretion, and its
determination that a defendant was not a minor participant for clear error. See
United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014).
Contrary to Sandoval’s argument, the record shows that the district court
properly applied the Sentencing Guidelines and our precedent, basing its denial of
the adjustment on the totality of the circumstances and a comparison of Sandoval’s
culpability to that of other individuals in the smuggling operation. See U.S.S.G.
§ 3B1.2 cmt. n.3(A), (C); Hurtado, 760 F.3d at 1068-69. Moreover, the district
court did not clearly err in denying the mitigating role adjustment when Sandoval
smuggled a significant quantity of drugs, registered the vehicle in her name,
participated in the operation for two months, and had smuggled drugs into the
country on two previous occasions. See Hurtado, 760 F.3d at 1069.
AFFIRMED.
2 14-50140