United States v. Erika MacIas-jimenez

MEMORANDUM

Erika Macias-Jimenez appeals from the district court’s judgment and challenges the 70-month sentence imposed following her guilty-plea conviction for importation of cocaine and methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Macias-Jimenez argues that the district court erred in denying a minor role reduction to her base offense level under U.S.S.G. § 3B1.2(b). We decline to reach this claim because any error was harmless. The district court initially calculated the Guidelines range without a minor role adjustment and explained why a downward variance to a sentence of 70 months was appropriate. It then performed its sentencing analysis a second time, based on the Guidelines range that resulted from a minor role reduction, and again arrived at a sentence of 70 months. Under these circumstances, we conclude that any error in failing to grant the minor role reduction requested by Macias-Jimenez was harmless, See United States v. Munoz-Camare na, 631 F.3d 1028 , 1030 n.5 (9th Cir. 2011) (harmless error may result where the district judge “acknowledges that the correct Guidelines range is in dispute…