United States v. Tapia
UNITED STATES of America, Plaintiff-Appellee, v. Alejandra TAPIA, Defendant-Appellant
Subsequent history: rev'd, Tapia v. United States, 564 U.S. 319 (2011). (read from the later opinion; check before relying)
Opinion
MEMORANDUM ** Alejandra Tapia appeals from the 51-month sentence imposed following her jury-trial conviction for bringing in an illegal alien for financial gain, in violation of 8 U.S.C. § 1324 (a)(2)(B)(ii), bringing in an illegal alien without presentation, in violation of 8 U.S.C. § 1324 (a)(2)(B)(iii), aiding and abetting, in violation of 18 U.S.C. § 2 , and bail jumping, in violation of 18 U.S.C. § 3146 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Tapia contends that the district court committed plain error by basing her 51-month sentence on speculation about whether and when Tapia could enter and complete the Bureau of Prison’s 500-hour drug abuse treatment program. No reversible error was committed.
See United States v. Duran, 37 F.3d 557, 561 (9th Cir.1994);
see also United States v. Waknine, 543 F.3d 546, 554 (9th Cir.2008).
AFFIRMED.
** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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