United States v. Susana Gutierrez-Rivera

MEMORANDUM

Susana Maribel Gutierrez-Rivera appeals from the district court’s judgment and challenges the 40-month sentence imposed following her guilty-plea conviction for conspiracy to unlawfully export machine guns and unregistered firearms, in violation of 18 U.S.C. §§ 371 , 554(a), 922(o), and 924(a)(2); and 26 U.S.C. §§ 5841 , 5861(d), and 5871. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gutierrez-Rivera contends that the district court erred in denying her request for a minor role adjustment under U.S.S.G. § 3B1.2(b). We review for clear error. See United States v. Cantrell, 433 F.3d 1269, 1282 (9th Cir.2006). Because Gutierrez-Rivera failed to prove that she was “substantially less culpable than the average participant” in the conspiracy, the court did not clearly err in denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(A); United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir.2011); cert. denied, — U.S. -, 132 S.Ct. 1061 , 181 L.Ed.2d 778 (2012).

Gutierrez-Rivera also contends that her sentence is substantively unreasonable in light of her lack of prior criminal history and history of employment. The district court did not abuse its…