Melendez
United States v. Melendez
Opinion
Lead Opinion
MEMORANDUM **
Carmen Maria Melendez appeals her conviction and 65-month sentence imposed *306 after her jury trial for harboring illegal aliens, in violation of 8 U.S.C. § 1824 (a)(l)(A)(iii), and conspiracy to transport illegal aliens, in violation of 8 U.S.C. §§ 1324 (a)(1)(A)®, (v). We affirm in part, and vacate and remand in part.
Marc J. Victor, Esq., filed a brief pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967), stating that he found no meritorious issues for review, along with a motion to withdraw as counsel of record. We granted the motion to withdraw, appointed new counsel, and ordered further briefing on whether the district court erred in applying the abuse of trust adjustment to Melendez’s sentence, pursuant to U.S.S.G. § 3B1.3. After further briefing, and upon our review of the record, we conclude that the district court erred in applying the abuse of trust adjustment.
We review de novo the application of the abuse of trust adjustment. United States v. Brickey, 289 F.3d 1144, 1153 (9th Cir. 2002). “For purposes of section 3B1.3, a position of trust, if any, must be established from the perspective of the victim.” United States…