United States v. Magdalena Covarrubias

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Magdalena COVARRUBIAS, Defendant-Appellant. No. 91-50599. United States Court of Appeals, Ninth Circuit. Submitted Aug. 19, 1992. * Decided Aug. 26, 1992. 1 Before WILLIAM A. NORRIS, REINHARDT and TROTT, Circuit Judges 2 MEMORANDUM ** 3 Magdalena Covarrubias pled guilty to a four-count indictment for her part in a conspiracy to import marijuana. The district court sentenced her to 27 months of confinement after denying her request to depart downward from the Sentencing Guidelines' mandated range on the basis that her participation constituted "aberrant behavior." The district court stated that, as a matter of law, a departure for aberrant behavior was not available because Covarrubias had stood to profit from her role in the criminal enterprise. Covarrubias challenges that holding as an unnecessarily wooden interpretation of "aberrant behavior." We agree. 4 On the…