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United States v. Enriqueta Navarrete-Zavala

Court of Appeals for the Ninth Circuit · 16-50183 · 2017-11-28 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Enriqueta NAVARRETE-ZAVALA, Defendant-Appellant

Area
other
Panel
Stephen R. Reinhardt (author), Alex Kozinski, Morgan Christen

Analysis

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Opinion

FILED NOT FOR PUBLICATION NOV 28 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 16-50183 Plaintiff-Appellee, D.C. No. 3:15-cr-00596-BEN-1 v. ENRIQUETA NAVARRETE-ZAVALA, MEMORANDUM* Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Argued and Submitted August 10, 2017 Pasadena, California Before: REINHARDT, KOZINSKI, and CHRISTEN, Circuit Judges.

1. The district court increased Navarrete-Zavala’s sentence under U.S.S.G.

§ 2D1.1(b)(12) for maintaining a stash house. See U.S.S.G. § 2D1.1(b)(12), cmt.

n.17 (2015). Under the circumstances of this case, the district court did not err by imposing this enhancement.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 2. Even if the district court mistakenly applied the enhancement from § 2S1.1(b)(2)(B) as a specific offense characteristic while calculating Navarrete- Zavala’s sentence under the drug distribution guideline § 2D1.1, any error was harmless. See United States v. Munoz-Camarena, 631 F.3d 1028, 1030–31 (9th Cir. 2011); United States v. Ali, 620 F.3d 1062, 1074 (9th Cir. 2010). Had the district court calculated Navarrete-Zavala’s Guidelines range in the manner she urges, it would have resulted in the same offense level used to calculate the Guidelines range. See U.S.S.G. § 3D1.3(b).

3. On the facts of this case, the district court abused its discretion by denying Navarrete-Zavala’s request to seal the transcripts from her sentencing hearings and the parties’ joint request to seal the government’s sentencing memorandum. See United States v. Doe, 870 F.3d 991, 994 (9th Cir. 2017).

Navarrete-Zavala’s sentence is AFFIRMED. The case is REMANDED for the district court to seal the government’s sentencing memorandum and the transcripts from Navarrete-Zavala’s sentencing hearings.

Cites, in this corpus