United States of America v. Jacqueline Mosti

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JACQUELINE MOSTI,
Defendant - Appellant.
No. 14-50121
D.C. No. 3:13-cr-01785-L
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
M. James Lorenz, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Jacqueline Mosti 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 and 960. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
MAR 16 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Mosti contends that the district court erred in denying her request for a
minor role adjustment under U.S.S.G. § 3B1.2(b) by applying the wrong burden of
proof, misapplying the Guideline, and relying on improper considerations. We
review the district court’s interpretation of the Guidelines de novo, its application
of the Guidelines to the facts of the case for abuse of discretion, and its factual
determination that a defendant is not a minor participant for clear error. See United
States v. Rodriguez-Castro, 641 F.3d 1189, 1192 (9th Cir. 2011). The record
reflects that the district court understood and applied the correct legal standard and
applicable burden of proof, properly considered the totality of the circumstances,
and did not rely on improper factors in denying the adjustment. See U.S.S.G.
§ 3B1.2 cmt. n.3(A), (C); United States v. Gadson, 763 F.3d 1189, 1223 (9th Cir.
2014). The record further supports the court’s conclusion that Mosti failed to carry
her burden of establishing that she was entitled to the adjustment. See Rodriguez-
Castro, 641 F.3d at 1193.
AFFIRMED.
14-50121 2

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