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United States v. Tapia
376 F. App'x 707
9th Cir.
2010
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Docket

*1 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 *2 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

[*] 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).

Case Details

Case Name: United States v. Tapia
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Apr 16, 2010
Citation: 376 F. App'x 707
Docket Number: 09-50248
Court Abbreviation: 9th Cir.
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