665 F.3d 1059 | 9th Cir. | 2010
Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.
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.
2 09-50248
NOTES
[*] 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).