United States v. Violeta Cervera-Lorna , 405 F. App'x 258 ( 2010 )

FILED
NOT FOR PUBLICATION DEC 13 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 09-50569
Plaintiff - Appellee, D.C. No. 3:09-cr-01605-LAB
v.
MEMORANDUM *
VIOLETA CERVERA-LORNA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted December 6, 2010 **
Before: GOODWIN, RYMER, and GRABER, Circuit Judges.
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 09-50569