United States v. Trina Fitzgerald

MEMORANDUM

Trina Marie Fitzgerald (“Fitzgerald”) appeals the sentence and supervised release conditions imposed by the district court following her guilty plea to importing 64.45 kilograms of marijuana into the United States from Mexico in violation of 21 U.S.C. §§ 952 and 960. We affirm.

The district court did not err when it denied the defendant a minor role adjustment pursuant to United States Sentencing Guideline (“Guideline”) § 3B1.2(b). The district court properly refused to consider hypothetical participants when it found that the defendant was not a minor participant for purposes of Guideline § 3B1.2(b). See United States v. Rosas, 615 F.3d 1058, 1068 (9th Cir.2010). The mere fact that the defendant was a courier did not entitle her to a minor role adjustment. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir.2014). The defendant imported a large quantity of drugs into the United States and had an extensive border crossing history. See id. at 1069 (noting quantity of drugs imported justified denial of minor role adjustment); United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir.2011) (noting border crossing history when rejecting minor role…