USA v. Beatriz Nino-Ibarra


UNPUBLISHED OPINION FILED. [10-50914 Affirmed ] Judge: JLW , Judge: ECP , Judge: PRO Mandate pull date is 06/02/2011 for Appellant Beatriz Nino-Ibarra [10-50914]

Download PDF
Case: 10-50914 Document: 00511475332 Page: 1 Date Filed: 05/12/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50914 Summary Calendar May 12, 2011 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. BEATRIZ NINO-IBARRA, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:09-CR-1164-1 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM:* Defendant-Appellant Beatriz Nino-Ibarra appeals the concurrent 70month sentences she received following her guilty plea convictions for conspiracy and possession with intent to distribute cocaine. She objects to the district court’s failure to award her a two-level reduction, pursuant to U.S.S.G. § 3B1.2, for her minor role in the offense. Nino-Ibarra contends that she is entitled to the reduction because she was only a courier and thus far less culpable than the persons who hired her. * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 10-50914 Document: 00511475332 Page: 2 Date Filed: 05/12/2011 No. 10-50914 The district court’s denial of a reduction for a mitigating role is a factual determination that is reviewed for clear error. United States v. Villanueva, 408 F.3d 193, 203 (5th Cir. 2005). It is not sufficient for Nino-Ibarra to show that she was less involved than other participants; rather, she must show that she was “peripheral to the advancement of the criminal activity.” United States v. Martinez-Larraga, 517 F.3d 258, 272 (5th Cir. 2008). The record reflects that Nino-Ibarra admitted that she knowingly transported narcotics into this country. She acknowledged that she had crossed the border in the vehicle “a couple of times before,” including on the evening preceding her arrest. As the district court observed, the instant case involves the transportation of ten kilograms of high purity cocaine secreted in the van that Nino-Ibarra was driving. The district court’s finding that Nino-Ibarra’s role was not peripheral is plausible in light of the record as a whole. Villanueva, 408 F.3d at 203-04. AFFIRMED. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?