United States v. Guadalupe Gonzalez-Alvarado

MEMORANDUM

Guadalupe Gonzalez-Alvarado appeals from the 108-month sentence imposed following her guilty-plea conviction for possession with intent to distribute methamphetamine and possession with intent to distribute heroin, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Gonzalez-Alvarado contends that the district court erred in determining that she was ineligible for the minor participant role adjustment pursuant to U.S.S.G. § 3B1.2(b). The district court did not clearly err in concluding that Gonzalez-Alvarado had not met her burden of proof of establishing that she was substantially less culpable than co-participants in the smuggling scheme. See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir.2006). Contrary to Gonzalez-Alvarado’s contention, the district court’s findings encompassed the required comparison of Gonzalez-Alvarado with co-participants in the scheme.

Gonzalez-Alvarado further contends that the district court procedurally erred by failing to consider and discuss the factors set forth at 18 U.S.C. § 3553 (a) and imposed a substantively unreasonable sentence when it placed greater…