United States of America v. Danielle Trinitti Kownacki

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DANIELLE TRINITTI KOWNACKI,
Defendant-Appellant.
No. 15-50503
D.C. No. 3:14-cr-03668-JLS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Danielle Trinitti Kownacki appeals from the district court’s judgment and
challenges the 63-month sentence imposed following her guilty-plea conviction for
FILED
JAN 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Appellant’s request for oral
argument is denied.

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importation of heroin and methamphetamine, in violation of 21 U.S.C. §§ 952,
960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Kownacki argues that the district court erred in denying a minor role
reduction to her base offense level under U.S.S.G. § 3B1.2. The district court did
not clearly err in finding, based on Kownacki’s level of involvement in the drug
trafficking scheme and the remuneration she received, that she was not
“substantially less culpable” than the average participant in the offense. See
U.S.S.G. § 3B1.2 cmt. n.3(A); United States v. Hurtado, 760 F.3d 1065, 1068 (9th
Cir. 2014). Contrary to Kownacki’s contention, a different result is not required
under the factors enumerated in Amendment 794 to the minor role Guideline, see
U.S.S.G. § 3B1.2 cmt. n.3(C) (2015), which was in effect at the time of
Kownacki’s sentencing and discussed at the sentencing hearing.
AFFIRMED.
15-50503 2

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