USA v. Priscilla Cadena


UNPUBLISHED OPINION FILED. [11-50638 Affirmed ] Judge: JLW , Judge: JWE , Judge: JEG Mandate pull date is 08/17/2012 for Appellant Priscilla Ann Cadena [11-50638]

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Case: 11-50638 Document: 00511936007 Page: 1 Date Filed: 07/27/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 11-50638 Summary Calendar July 27, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. PRISCILLA ANN CADENA, also known as Priscilla Cadena, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 6:10-CR-207-10 Before WIENER, ELROD, and GRAVES, Circuit Judges. PER CURIAM:* Priscilla Ann Cadena pleaded guilty of conspiracy to possess with intent to distribute at least 1,000 kilograms of marijuana and conspiracy to commit money laundering. She has appealed her sentence and contends that the district court erred in determining the drug quantity attributable to her as relevant conduct. The district court adopted the probation officer’s finding that Cadena aided and abetted the distribution of 9,200 pounds (4,173.12 kilograms) of marijuana * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-50638 Document: 00511936007 Page: 2 Date Filed: 07/27/2012 No. 11-50638 by her codefendant, James Cornelius, Jr. Because that finding was unrebutted, the district court was entitled to adopt it without further inquiry or explanation. See United States v. Vital, 68 F.3d 114, 120 (5th Cir. 1995). Cadena has not shown that the district court’s drug-quantity finding was clearly erroneous. See United States v. Posada-Rios, 158 F.3d 832, 878 (5th Cir. 1998). Moreover, because Cadena was subject to a mandatory minimum 120-month term of imprisonment, a reduction of her offense level would not have affected the length of her sentence. Accordingly, any error in determining the drug quantity at sentencing was harmless. See United States v. Delgado-Martinez, 564 F.3d 750, 752-53 (5th Cir. 2009). The judgment is AFFIRMED. 2

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