United States v. Violeta Cervera-Lorna

U.S. Court of Appeals for the Ninth Circuit
United States v. Violeta Cervera-Lorna, 405 F. App'x 258 (9th Cir. 2010)

United States v. Violeta Cervera-Lorna

Opinion

MEMORANDUM **

Violeta Cervera-Lorna appeals from the 78-month sentence imposed following her guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Cervera-Lorna contends that the district court erred by denying her request for a two-level minor role adjustment pursuant to U.S.S.G. § 3B1.2. The district court did not clearly err by denying Cervera-Lorna’s request for a downward adjustment. See United States v. Cantrell, 433 F.3d 1269, 1283-84 (9th Cir. 2006); see also United States v. Hursh, 217 F.3d 761, 770 (9th Cir. 2000) (the fact that a defendant acted as a courier does not mean his role was minor).

Cervera-Lorna also contends that the district court’s denial of a minor role adjustment created a drastic sentencing disparity between her and similarly situated defendants. This argument is unpersuasive. In any event, the record reflects that the district court specifically granted a downward variance in order to avoid sentencing disparities with similarly situated defendants, in accordance with 18 U.S.C. § 3553(a)(6).

The government’s request to strike opposing counsel’s declaration is denied as moot.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Violeta CERVERA-LORNA, Defendant-Appellant
Status
Unpublished