United States v. Melida Flores

FILED
NOT FOR PUBLICATION MAR 08 2012
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. 10-50498
Plaintiff - Appellee, D.C. No. 2:06-cr-00599-CAS
v.
MEMORANDUM *
MELIDA FLORES, a.k.a. La Dona, a.k.a.
Nancy, a.k.a. Seal L,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted February 28, 2012 **
Before: LEAVY, THOMAS, and CHRISTEN, Circuit Judges.
Melida Flores appeals from the 108-month sentence imposed following her
guilty-plea conviction for two counts of conspiracy with intent to distribute a
controlled substance, in violation of 21 U.S.C. § 846; and eleven counts of
*
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).
possession with intent to distribute crack cocaine, in violation of 21 U.S.C.
§ 841(a)(1), and (b)(1)(B)(iii). We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Flores contends that the district court erred by denying her a minor role
adjustment under U.S.S.G. § 3B1.2(b). The district court did not commit clear
error by concluding that Flores was not a minor participant. See United States v.
Cantrell, 433 F.3d 1269, 1282-83 (9th Cir. 2006).
Flores also contends that the district court violated Federal Rule of Criminal
Procedure 32(i)(3)(B) because it did not make sufficient findings in support of its
conclusion that a minor role adjustment was not warranted. The court’s statements
were sufficient. See United States v. Ingham, 486 F.3d 1068, 1074 (9th Cir. 2007)
(Rule 32 findings “need only state the court’s resolution of the disputed issue[]”)
(internal quotation marks and citation omitted).
AFFIRMED.
2 10-50498