United States v. Fabiola Caballero

MEMORANDUM

Fabiola Manco Caballero appeals from the district court’s judgment and challenges the 168-month sentence imposed following her guilty-plea conviction for conspiracy to ' distribute methamphetamine, in violation of 21 U.S.C. § 846 and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Caballero contends that the district court erred at sentencing when it determined the quantity of methamphetamine. In particular, she contends that the district court should not have included 17 ounces of methamphetamine allegedly sold by Caballero to a confidential source on December 26, 2013 in Primm, Nevada because there were not sufficient indicia of reliability supporting a confidential source’s report of that transaction. We review for abuse of discretion, and we find none. See United States v. Flores, 725 F.3d 1028, 1035 (9th Cir.2013); United States v. Berry, 258 F.3d 971, 976 (9th Cir.2001).

Caballero objected to the quantity of methamphetamine in the district court, although she did not object to the pre-sen-tence report’s factual statement that the confidential source purchased…