United States of America v. Denisse Encinas-Martinez

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
NC/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DENISSE ENCINAS-MARTINEZ,
Defendant - Appellant.
No. 08-10548
D.C. No. 4:08-cr-00459-JMR
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
John M. Roll, Chief District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Denisse Encinas-Martinez appeals from the 42-month sentence imposed
following her guilty-plea conviction for possession with intent to distribute
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(vii), and employment or
use of persons under 18 years of age in drug operations, in violation of 21 U.S.C.
§ 861(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Encinas-Martinez contends that her sentence is unreasonable because the
district court did not grant a downward departure for imperfect duress pursuant to
U.S.S.G. § 5K2.12. The record reflects that the district court did not procedurally
err at sentencing, and that the below-Guidelines range sentence is substantively
reasonable in light of the totality of the circumstances. See United States v. Crowe,
563 F.3d 969, 977-78 (9th Cir. 2009); United States v. Carty, 520 F.3d 984, 993
(9th Cir. 2008) (en banc); see also U.S.S.G. § 5K2.12.
AFFIRMED.

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