FILED
NOT FOR PUBLICATION JUN 20 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50282
Plaintiff - Appellee, D.C. No. 3:13-cr-03825-MMA
v.
MEMORANDUM*
JACQUELINE JIMENEZ-AGUILAR,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Michael M. Anello, District Judge, Presiding
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Jacqueline Jimenez-Aguilar appeals from the district court’s judgment and
challenges the 36-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.
*
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).
Jimenez-Aguilar contends that because the government did not prove, nor
did she admit, that she knew the type and quantity of the drugs she imported, the
district court erred in imposing a sentence greater than one year. Jimenez-
Aguilar’s argument is foreclosed by our decision in United States v. Jefferson, 791
F.3d 1013 (9th Cir. 2015), cert. denied, 136 S. Ct. 1473 (2016). There, we held
that “a defendant’s knowledge of the type and quantity of the controlled substance
he imports is . . . not an element of the offense,” that the government must prove
for a mandatory minimum sentence to apply. See id. at 1016, 1019. Under this
precedent, the government was not required to prove that Jimenez-Aguilar knew
the type and quantity of the drugs she imported in order to trigger the 20-year
statutory maximum under 21 U.S.C. § 960(b)(3).
AFFIRMED.
2 14-50282