United States v. Lori Knudsen

MEMORANDUM

In these appeals, Lori Webb Knudsen (“Lori”) appeals from the 27-month sentence imposed following her guilty-plea conviction for conspiracy to commit bank and fraud bank fraud, in violation of 18 U.S.C. §§ 371 and 1344. Steven Lloyd Knudsen (“Steven”) appeals from the 35-month sentence imposed following his guilty-plea conviction for conversion of secured property and Federal Agricultural Loan Guarantee fraud, in violation of 18 U.S.C. §§ 658 and 1001(a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and in both appeals we affirm.

Lori contends that the district court erred by denying her request for a mitigating role adjustment pursuant to U.S.S.G. § 3B1.2(b). The record reflects that the court properly compared Lori’s conduct to Steven’s conduct in assessing whether to grant the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1283 (9th Cir.2006). Because Lori failed to prove that she was substantially less culpable than Steven, the district court did not clearly err by denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(A); Cantrell, 433 F.3d at 1282-83 .

Steven contends that the district court erred when it applied a two-level aggravating role…