United States of America v. Reyna Negrete

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
REYNA NEGRETE,
Defendant-Appellant.
No. 17-50234
D.C. No. 3:14-cr-03438-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted October 22, 2018**
Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.
Reyna Negrete appeals from the district court’s judgment and challenges the
87-month sentence imposed upon remand following her guilty-plea conviction for
importation of methamphetamine, cocaine, and heroin, in violation of 21 U.S.C.
§§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 29 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-50234
Negrete contends that the district court erred by denying a minor role
adjustment under U.S.S.G. § 3B1.2. She argues that the district court improperly
failed to consider all likely participants in the offense and did not apply the factors
listed in the commentary to the Guideline. We review the district court’s
interpretation of the Guidelines de novo and its application of the Guidelines to the
facts for abuse of discretion. See United States v. Gasca-Ruiz, 852 F.3d 1167,
1170 (9th Cir. 2017) (en banc).
The record shows that the district court compared Negrete to the two co-
participants in the offense she identified, and considered Negrete’s arguments
about the larger drug organization. Contrary to Negrete’s contention, the court
considered the factors listed in the commentary to the Guideline, see U.S.S.G.
§ 3B1.2 cmt. n.3(C), which were discussed in Negrete’s sentencing memorandum
and at the sentencing hearing, and did not treat Negrete’s courier status as
dispositive. In light of the totality of the circumstances, including the large
quantities of different types of drugs involved, the extent of Negrete’s involvement
with the drug organization, and her prior successful drug crossing, the district court
did not abuse its discretion in denying a minor role adjustment. See U.S.S.G.
§ 3B1.2 cmt. n.3(A), (C).
AFFIRMED.

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