United States v. Marie Quidachay Fegurgur

67 F.3d 309 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Marie Quidachay FEGURGUR, Defendant-Appellant. No. 95-10132. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1995. * Decided Sept. 21, 1995. 1 Before: KOZINSKI and HAWKINS, Circuit Judges, and SILVER, ** District Judge. 2 MEMORANDUM *** 3 Marie Quidachay Fegurgur appeals the 12-month sentence imposed after she pled guilty to unauthorized use of an access device (a stolen Visa card) in violation of 18 U.S.C. Sec. 1029 (a)(2). Fegurgur contends that the district court erred by increasing her base offense level by two levels because her conduct involved more than minimal planning (U.S.S.G. Sec. 2F1.1(b)(2)), and by failing to grant a two-level reduction for her minor role in the offense (U.S.S.G. Sec. 3B1.2(b)). We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. I. 4 The district court's interpretation and application of the Sentencing…