United States v. Lucy Busisiwe Tshabalala

96 F.3d 1452 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lucy Busisiwe TSHABALALA, Defendant-Appellant. No. 95-50171. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 7, 1996. Decided Sep. 06, 1996. Before: REINHARDT, KOZINSKI, and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Appellant, Lucy Tshabalala, was caught at the Los Angeles Airport carrying approximately 1.2 kilograms of heroin. She pled guilty to one count of possession of heroin with the intent to distribute. The district judge sentenced her under the Sentencing Guidelines to 70 months imprisonment. 1 3 She appeals, contending that the district judge erred by: 1) not giving her a four-point downward departure for minimal participation, 2) not addressing her request for a downward departure under United States v. Cook, 938 F.2d 149 (9th Cir.1991), and 3) determining that he lacked discretion to depart downward on the basis of aberrant…