United States v. Enriqueta Navarrete-Zavala ( 2017 )

FILED
NOT FOR PUBLICATION
NOV 28 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50183
Plaintiff-Appellee, D.C. No.
3:15-cr-00596-BEN-1
v.
ENRIQUETA NAVARRETE-ZAVALA, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Argued and Submitted August 10, 2017
Pasadena, California
Before: REINHARDT, KOZINSKI, and CHRISTEN, Circuit Judges.
1. The district court increased Navarrete-Zavala’s sentence under U.S.S.G.
§ 2D1.1(b)(12) for maintaining a stash house. See U.S.S.G. § 2D1.1(b)(12), cmt.
n.17 (2015). Under the circumstances of this case, the district court did not err by
imposing this enhancement.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
2. Even if the district court mistakenly applied the enhancement from
§ 2S1.1(b)(2)(B) as a specific offense characteristic while calculating Navarrete-
Zavala’s sentence under the drug distribution guideline § 2D1.1, any error was
harmless. See United States v. Munoz-Camarena, 631 F.3d 1028, 1030–31 (9th
Cir. 2011); United States v. Ali, 620 F.3d 1062, 1074 (9th Cir. 2010). Had the
district court calculated Navarrete-Zavala’s Guidelines range in the manner she
urges, it would have resulted in the same offense level used to calculate the
Guidelines range. See U.S.S.G. § 3D1.3(b).
3. On the facts of this case, the district court abused its discretion by
denying Navarrete-Zavala’s request to seal the transcripts from her sentencing
hearings and the parties’ joint request to seal the government’s sentencing
memorandum. See United States v. Doe, 870 F.3d 991, 994 (9th Cir. 2017).
Navarrete-Zavala’s sentence is AFFIRMED. The case is REMANDED for
the district court to seal the government’s sentencing memorandum and the
transcripts from Navarrete-Zavala’s sentencing hearings.
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