USA v. Yvette Torres

Filing 920091123

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-50205 Summary Calendar November 23, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. YVETTE PESCHARD TORRES, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-1754-1 Before REAVLEY, JOLLY, and OWEN, Circuit Judges. PER CURIAM:* Yvette Peschard Torres appeals her below-guidelines sentence of 51 months following her conviction for importing 50 kilograms or more of marijuana; possessing with intent to distribute 50 kilograms or more of marijuana; and use of a minor in drug operations. She argues that the district court erred in (1) applying the obstruction-of-justice adjustment, (2) denying the Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. * No. 09-50205 acceptance-of-responsibility adjustment. The district court did not plainly err in enhancing Torres's sentence for obstruction of justice because she impeded the administration of justice by failing to comply with the conditions of her release and failing to appear at a judicial hearing. See U.S.S.G. 3C1.1, comment. (n.4(e)); United States v. adjustment, and (3) denying a minor-role Ronquillo, 508 F.3d 744, 748 (5th Cir. 2007), cert. denied, 128 S. Ct. 2458 (2008). In addition, the district court's ruling denying a downward adjustment for acceptance of responsibility was not without foundation because Torres failed to comply with the conditions of her release and failed to appear at a judicial hearing. See United States v. Juarez-Duarte, 513 F.3d 204, 211 (5th Cir.), cert. denied, 128 S. Ct. 2452 (2008); United States v. Washington, 340 F.3d 222, 227 (5th Cir. 2003). Finally, the district court did not clearly err in denying the minor-role adjustment because courier status does not automatically entitle Torres to minor participant status. See United States v. Edwards, 65 F.3d 430, 434 (5th Cir. 1995); United States v. Villanueva, 408 F.3d 193, 203 & n.9 (5th Cir. 2005). Thus, the judgment of the district court is AFFIRMED. 2

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