United States of America v. Alejandra Tapia

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ALEJANDRA TAPIA,
Defendant - Appellant.
No. 09-50248
D.C. No. 3:08-CR-00249-BTM
MEMORANDUM *
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
FILED
APR 16 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-50248 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.

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