United States v. Jacqueline Jimenez-Aguilar

U.S. Court of Appeals for the Ninth Circuit
United States v. Jacqueline Jimenez-Aguilar, 654 F. App'x 332 (9th Cir. 2016)

United States v. Jacqueline Jimenez-Aguilar

Opinion

MEMORANDUM **

Jacqueline Jimenez-Aguilar appeals from the district court’s judgment and challenges the 36-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.

Jimenez-Aguilar contends that because the government did not prove, nor did she *333 admit, that she knew the type and quantity of the drugs she imported, the district court erred in imposing a sentence greater than one year. Jimenez-Aguilar’s argument is foreclosed by our decision in United States v. Jefferson, 791 F.3d 1013 (9th Cir. 2015), cert. denied, — U.S. —, 136 S.Ct. 1473, 194 L.Ed.2d 568 (2016). There, we held that “a defendant’s knowledge -of the type and quantity of the controlled substance he imports is .., not an element of the offense,” that the government must prove for a mandatory minimum sentence to apply. See id. at 1016, 1019. Under this precedent, the government was not required to prove that Jimenez-Aguilar knew the type and quantity of the drugs she imported in order to trigger the 20-year statutory maximum under 21 U.S.C. § 960(b)(3).

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. Jacqueline JIMENEZ-AGUILAR, Defendant-Appellant
Status
Unpublished