United States v. Eileen Garcia

MEMORANDUM

Eileen Ann Garcia appeals from the district court’s judgment and challenges the 71-month sentence imposed following her guilty-plea conviction for importation of methamphetamine and aiding and abetting, in violation of 21 U.S.C. §§ 952 and 960 and 18 U.S.C. § 2 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Garcia contends that the district court committed two legal errors in denying her request for a minor role adjustment under U.S.S.G. § 3B1.2. First, she contends that the court failed to take into account her lack of actual knowledge of the drugs in the truck or the structure and operations of the smuggling organization. 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), cert. denied — U.S. -, 135 S.Ct. 1467 , — L.Ed.2d - (2015). The district court did not clearly err in determining that Garcia failed to prove that she was entitled to the adjustment. The court properly considered the totality of the circumstances in making its determination, including…