Unpublished Disposition, 919 F.2d 146 (9th Cir. 1990)
Annotate this CaseUNITED STATES of America, Plaintiff-Appellee,v.Lily Adoracion FIMBRES, Defendant-Appellant.
No. 90-50098.
United States Court of Appeals, Ninth Circuit.
Submitted Nov. 16, 1990.* Decided Nov. 20, 1990.
Before FLETCHER, WIGGINS and RYMER, Circuit Judges.
MEMORANDUM**
Lily Adoracion Fimbres appeals her sentence, imposed under the United States Sentencing Guidelines (U.S.S.G.), following her guilty plea to one count of knowingly and intentionally importing marijuana into the United States in violation of 21 U.S.C. §§ 952 and 960.1 Fimbres contends that the district court erred by concluding that she deserved a two level upward adjustment in her base offense level for being an organizer, leader, manager or supervisor in a criminal activity pursuant to U.S.S.G. Sec. 3B1.1(c), and a two level upward adjustment for obstructing justice pursuant to U.S.S.G. Sec. 3C1.1. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
Because Fimbres did not object to the presentence report and failed to raise her objections at the sentencing hearing, we review her sentence for plain error. United States v. Lopez-Cavasos, Nos. 89-30022, 89-30063, slip op. 11803, 11807 (9th Cir. Sept. 25, 1990); United States v. Carvajal, 905 F.2d 1292, 1296 (9th Cir. 1990). "Plain error is a highly prejudicial error affecting substantial rights." Carvajal, 905 F.2d at 1296 (citations omitted).
Here, the district court adopted the factual findings in the presentence report as a basis for the upward adjustments. The presentence report found that Fimbres was an organizer or leader in the offense because she recruited her son and supervised his participation in the marijuana importation. The report also found that Fimbres obstructed justice because she fled from detention at the time of the offense and later attempted to mislead authorities as to her identity. Given these findings, there was no plain error in the district court's four level upward adjustment of Fimbres' base offense level. See United States v. Rodriguez-Macias, 914 F.2d 1204, 1205 (9th Cir. 1990); Carvajal, 905 F.2d at 1296; United States v. Wills, 881 F.2d 823, 827-28 (9th Cir. 1989)
AFFIRMED.
This case is suitable for submission without oral argument because the legal standard is established and the result is clear. See Fed. R. App. P. 34(a); 9th Cir.R. 34-4
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
Fimbres was originally charged in a three count indictment with importation of marijuana (Count I), possession of marijuana with intent to distribute (Count II), and with being a deported alien found in the United States (Count III). The government moved to dismiss counts II and III
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