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U.S. v. CONTRERAS

No. 08-50126.

581 F.3d 1163 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Katie Sue CONTRERAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2009.

Attorney(s) appearing for the Case

Michael Jay Stern, Assistant U.S. Attorney, Los Angeles, CA, for the plaintiff-appellee.

Thomas W. Kielty, Los Angeles, CA, for the defendant-appellant.

Before: MYRON H. BRIGHT, MICHAEL DALY HAWKINS, and A. WALLACE TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

Katie Sue Contreras was convicted for her participation in a drug-smuggling conspiracy operated out of Ironwood State Prison, where she worked as a prison cook. She appeals her sentence, arguing that the district court's two-level enhancement of her offense level for abuse of a position of trust under United States Sentencing Guideline ("U.S.S.G.") § 3B1.3 was in error.

We agree, and reverse the sentence.1

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