Tenorio
United States v. Tenorio
Opinion
Lead Opinion
MEMORANDUM *
Grace Lyn Tenorio appeals her conviction and sentence for attempted importation of methamphetamine hydrochloride. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm the conviction and remand for resentencing.
Tenorio pleaded guilty to attempted importation of methamphetamine hydrochloride (“ice”), in violation of 21 U.S.C. §§ 952 (a), 960 and 963. At sentencing, the district court granted Tenorio’s motion for a two-level minor participant reduction under U.S.S.G. § 3B1.2(b). The district court also apphed a two-level enhancement *696 for knowing importation of methamphetamine under U.S.S.G. § 2Dl.l(b)(4).
An attempt to commit the substantive offense defined by 21 U.S.C. § 952 (a) does not require that the defendant personally commit all elements of the offense; participation in a scheme to do so, coupled with a substantial step taken toward completion, is sufficient. United States v. Mayes, 524 F.2d 803, 807 (9th Cir.1975); 21 U.S.C. § 963 .
The facts elicited at Tenorio’s change-of-plea hearing established that she acquired a cell phone eleven days before the “ice” arrived from the Phillip-pines. The packages containing the “ice” were…