United States v. Tapia

665 F.3d 1059, 376 F. App'x 707, 2011 WL 6091308

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 16, 2010
• Docket: 09-50248
• Status: Unpublished

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.