United States of America v. Mirna Valenzuela-Verdugo

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).
GT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MIRNA VALENZUELA-VERDUGO,
Defendant - Appellant.
No. 09-10157
D.C. No. 4:08-cr-01131-DCB
MEMORANDUM *
Appeal from the United States District Court
for the District of Arizona
David S. Doty, District Judge, Presiding
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Mirna Valenzuela-Verdugo appeals from the 78-month sentence imposed
following her guilty-plea conviction for importation of cocaine, and possession
FILED
MAR 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

GT/Research 09-10157 2
with intent to distribute, in violation of 21 U.S.C. §§ 841, 952, and 960. We have
jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Valenzuela-Verdugo contends the district court erred by denying her a minor
role adjustment under U.S.S.G. § 3B1.2(b). The district court did not clearly err by
declining to apply a minor role adjustment. See United States v. Hursh, 217 F.3d
761, 770 (9th Cir. 2000).
Valenzuela-Verdugo also contends that the sentence imposed was
unreasonable. The district court did not procedurally err and, under the totality of
the circumstances, the sentence is not substantively unreasonable. See Gall v.
United States, 552 U.S. 38, 51 (2007); United States v. Carty, 520 F.3d 984,
990-93 (9th Cir. 2008) (en banc).
Valenzuela-Verdugo apparently further contends that the sentencing judge’s
status as a visiting judge somehow implicated the reasonableness of her sentence.
We reject this contention. See United States v. Green, 89 F.3d 657, 660 (9th Cir.
1996) (“This court rejects the request to distinguish between visiting and
non-visiting district court judges.”).
AFFIRMED.

-- 2 of 2 --