Drewry
United States v. Drewry
Opinion
Lead Opinion
MEMORANDUM **
Maritza Olmeda Drewry appeals from the 51-month sentence imposed upon re-sentencing following her jury-trial conviction for crimes relating to smuggling illegal aliens into the United States. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm but remand to correct the judgment.
Drewry contends that the district court erred by imposing a substantial risk of death or serious bodily harm enhancement, pursuant to U.S.S.G. § 2L1.1(b)(5). The record reflects that the district court did not err in concluding that Dowry’s offense conduct warranted an enhancement under § 2L1.1(b)(5). See United States v. Hernandez-Guardado, 228 F.3d 1017, 1027-28 (9th Cir.2000).
Drewy also contends that the district court violated the Sixth Amendment by engaging in impermissible judicial fact-finding. There was no Sixth Amendment violation because Drewy was sentenced well below the statutory maximum. See id. at 1027 .
Finally, we note that the judgment states that Drewy was convicted of two counts of bringing in illegal aliens for financial gain pursuant to 8 U.S.C § 1324(a)(2)(B)(ii). However, in United States v. Hernandez-Orellana, 539 F.3d 994, 1005-06 (9th Cir.2008),…