Arpayan

United States v. Arpayan

Good Law
101 F. App'x 709
United States Court of Appeals for the Ninth CircuitJune 22, 2004No. 03-50411California255 words

Opinion

Lead Opinion

MEMORANDUM **

Laura Elena Arpayan appeals the 27-month sentence imposed following her guilty-plea conviction for bringing an illegal alien into the United States without presentation, in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii). We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.

Arpayan contends that there was insufficient evidence to support an upward adjustment for creating a substantial risk of death or serious bodily injury under U.S.S.G. § 2Ll.l(b)(5). We conclude that the district court did not abuse its discretion by imposing the sentencing enhancement in this case. See U.S.S.G. § 2Ll.l(b)(5), cmt. n. 6 (2002); United States v. Carreno, 363 F.3d 883, 890-91 (9th Cir.2004) (explaining that, in determining whether to apply § 2Ll.l(b)(5), “the district court must look at the facts in context and assess the degree of risk created by the totality of the defendant’s conduct”).

Arpayan also contends that she is entitled to a two-level downward adjustment for minor role. We disagree. Because Arpayan failed to carry her burden of proving by a preponderance of the evidence that she was “substantially less culpable than the average participant” in the offense,…

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