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United States v. Tenorio
Citation: 24 F. App'x 695Docket: No. 00-10620; D.C. No. CR-00-00027-JSU
Court: Court of Appeals for the Ninth Circuit; November 25, 2001; Federal Appellate Court
Grace Lyn Tenorio's conviction for attempted importation of methamphetamine hydrochloride is affirmed, but her sentence is vacated and the case is remanded for resentencing. Tenorio pled guilty to violating 21 U.S.C. §§ 952(a), 960, and 963. During sentencing, the district court granted her a two-level minor participant reduction under U.S.S.G. § 3B1.2(b) but also applied a two-level enhancement for knowing importation under U.S.S.G. § 2D1.1(b)(4). The court clarified that an attempt to commit the offense does not require personal completion of all elements, only substantial steps toward the crime. Evidence from her plea hearing indicated that Tenorio took significant actions to import methamphetamine, including acquiring a cell phone linked to the packages and attempting to retrieve them at the airport. However, Tenorio argued, with government agreement, that the sentencing guideline range was miscalculated due to the simultaneous application of the minor participant reduction and the enhancement for knowing importation. The appellate court concurred that if a minor participant reduction is granted, the enhancement cannot apply. This error affected her substantial rights and the fairness of her proceedings, leading to a decision to vacate the sentence and remand for resentencing. The case is not publishable and cannot be cited except as allowed under Ninth Circuit Rule 36-3.