108 F.3d 1370
NOTICE: THIS SUMMARY ORDER MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY, BUT MAY BE CALLED TO THE ATTENTION OF THE COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA. SEE SECOND CIRCUIT RULE 0.23.
UNITED STATES of America, Appellee,
v.
Sonia RESTREPO-GARCIA; Albeiro Restrepo, also known as
Joseph Mateo; and Luis Urena, Defendants,
Yamile PINEDA-RESTREPO, also known as Martha, Defendant-Appellant.
No. 96-1532.
United States Court of Appeals, Second Circuit.
March 24, 1997.
Appearing for Appellant: Maurice H. Sercarz, New York, New York.
Appearing for Appellee: Kristin M. Cappel, Assistant United States Attorney, Eastern District of New York, Brooklyn, New York.
Before FEINBERG and WINTER, Circuit Judges, and POLLACK, District Judge.*
This cause came on to be heard on the transcript of record from the United States District Court for the Eastern District of New York and was submitted.
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby affirmed.
Yamile Pineda-Restrepo appeals from a sentence imposed by Judge Amon following a conviction, obtained by a guilty plea, for conspiracy to distribute, and to possess with intent to distribute, cocaine in violation of 21 U.S.C. § 846. Appellant was sentenced to 97 months imprisonment, to be followed by a five year term of supervised release. Pineda-Restrepo argues that the district court erred in refusing to grant her a two-level downward adjustment for being a "minor participant" in the offense, pursuant to United States Sentencing Guidelines § 3B1.2(b). We disagree.
At the sentencing hearing, the government proferred its account of Pineda-Restrepo's role in the charged drug transaction, and Pineda-Restrepo explicitly conceded the accuracy of the government's account. The government asserted that shortly before her arrest Pineda-Restrepo traveled to the United States from Colombia in order to oversee the distribution of at least 50 kilograms of cocaine. Pineda-Restrepo also rented an apartment to store the cocaine and recruited her cousin Albeiro Restrepo to assist her in the drug transaction.
Given these uncontradicted facts, Judge Amon's conclusion that Pineda-Restrepo played a "highly integral part" in the drug conspiracy and does not qualify as a minor participant under Guidelines § 3B1.2(b) is hardly erroneous. See United States v. Garcia, 920 F.2d 153, 155 (2d Cir.1990) ("minor participant" reduction depends on a number of factors, including nature of defendant's relationship to other participants, importance of defendant's actions to the venture as a whole, and defendant's awareness of the nature and scope of the criminal enterprise).
We therefore affirm.
The Honorable Milton Pollack of the United States District Court for the Southern District of New York, sitting by designation
