United States v. Maria Lopez

MEMORANDUM

Maria Luisa Lopez appeals from the district court’s judgment and challenges the 63-month sentence imposed following her guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Lopez contends that the district court procedurally erred in a number of ways when it denied her a minor role adjust ment and sentenced her to 63 months m prison. We need not determine whether there were any procedural errors because-it is apparent from the record that any error was harmless. See United States v. Leal-Vega, 680 F.3d 1160, 1170 (9th Cir.2012) (recognizing that harmless error review applies when the court errs in the Guidelines calculation). The district court imposed a two-level variance primarily because it had not granted Lopez a minor role adjustment, and it imposed a sentence that is within the Sentencing Guidelines range that would have resulted had the court granted a minor role adjustment. Moreover, the record leaves no doubt that the district court would not have imposed a lower sentence absent the asserted procedural errors.

Lopez also contends that the 63-month sentence is…