United States v. Erica Pena

FILED

NOT FOR PUBLICATION

APR 6 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-50152

Plaintiff-Appellee, D.C. Nos. 3:20-cr-02340-LAB-1 v. 3:20-cr-02340-LAB

ERICA RENEE PENA,

MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Submitted April 4, 2022** Pasadena, California

Before: SCHROEDER, S.R. THOMAS, and BEA, Circuit Judges.

Erica Pena appeals from her sentence for importing methamphetamine in

violation of 21 U.S.C. §§ 952, 960. Pena pleaded guilty to importing

approximately 75 grams of methamphetamine pursuant to a plea agreement that

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). contained an appeal waiver. We have jurisdiction under 28 U.S.C. § 1291.

Because the…