United States of America v. Marleni Del Carmen Arana-Chavarria

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARLENI DEL CARMEN
ARANA-CHAVARRIA,
Defendant - Appellant.
No. 14-50171
D.C. No. 3:13-cr-03587-DMS
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Dana M. Sabraw, District Judge, Presiding
Submitted January 21, 2015**
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
Marleni Del Carmen Arana-Chavarria appeals from the district court’s
judgment and challenges the 60-month sentence imposed following her guilty-plea
conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952
* 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).
FILED
JAN 28 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Arana-Chavarria contends that the district court erred by failing to compare
her culpability to that of other participants in the drug smuggling organization when
it denied her a minor role adjustment under U.S.S.G. § 3B1.2(b). We review de
novo the district court's interpretation of the guidelines and for clear error the district
court’s factual determination that a defendant is not a minor participant. See United
States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014). Contrary to
Arana-Chavarria’s contention, the record reflects that the court properly considered
Arana-Chavarria’s culpability relative to that of the average participant. See
U.S.S.G. § 3B1.2 cmt. n.3(A). Further, in light of the totality of the circumstances,
the district court did not clearly err in determining that Arana-Chavarria failed to
prove that she was entitled to the adjustment. See id. § 3B1.2 cmt. n.3(C); Hurtado,
760 F.3d at 1069.
AFFIRMED.

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