The court of appeals reversed a judgment of the district court and remanded. In an en banc decision the court held that a prison cook’s work did not involve any professional or managerial discretion that warranted an enhancement of her sentence for abuse of a position of trust by her smuggling drugs into the prison.
Sitting en banc, the court of appeals adopted as its own the earlier three-judge panel’s opinion in United States v. Contreras, 581 F3d 1163 (9th Cir. 2009), except as to the earlier panel’s conclusion that it had authority to overrule cases decided after the 1993 amendment to the Sentencing Guidelines. The court vacated that portion of the earlier opinion.
