United States of America v. Lucina Rojo-Rivas

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
LUCINA ROJO-RIVAS,
Defendant-Appellant,
No. 15-50564
D.C. No. 3:15-cr-01474-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
Lucina Rojo-Rivas appeals from the district court’s judgment and challenges
the 55-month concurrent sentences imposed following her guilty-plea convictions
for importation of methamphetamine and heroin, in violation of 21 U.S.C. §§ 952
and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
JAN 23 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).

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Rojo-Rivas contends that the district court erred by denying a minor role
reduction to her base offense level under U.S.S.G. § 3B1.2(b). She argues that the
district court failed to consider Amendment 794, which amended the commentary
to the minor role Guideline, and that the court clearly erred in finding that she did
not play a minor role in the offense. We need not reach these issues because we
conclude that any error in the district court’s application of the minor role
Guideline was harmless. The district court calculated the Guidelines range with
and without the minor role reduction and explained the basis for the 55-month
sentence under each range. See United States v. Munoz-Camarena, 631 F.3d 1028,
1030 n.5 (9th Cir. 2011).
AFFIRMED.
15-50564 2

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