U.S. Court of Appeals for the Ninth Circuit, 2011

United States v. Jane Doe

United States v. Jane Doe
U.S. Court of Appeals for the Ninth Circuit · Decided March 16, 2011 · Farris, Leavy, Bybee
421 F. App'x 764

United States v. Jane Doe

Opinion

MEMORANDUM **

Jane Doe appeals from the 100-month sentence imposed following her guilty-plea conviction of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Doe contends that the district court erred in denying her a two-level minor role reduction. We need not reach this ques *765 tion, as Doe’s sentence of 100 months was below the statutory minimum of ten years, see 21 U.S.C. § 841(b)(1)(A)(viii), and the court lacked the authority to depart further from the statutory minimum on the basis of Doe’s role in the offense, see United States v. Jackson, 577 F.3d 1032, 1036 (9th Cir. 2009).

AFFIRMED.

**

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

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