Lindberg

MEMORANDUM **

Michelle Lindberg appeals her sentence, arguing that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), prohibits the district court from making upward adjustments to her base offense level without first submitting the underlying facts to a jury for proof beyond a reasonable doubt. We have previously considered and rejected this argument. See United States v. Ellis, 241 F.3d 1096, 1104 (9th Cir.2001); United States v. Panaro, 241 F.3d 1104, 1114 (9th Cir.2001); United States v. Hernandez-Guardado, 228 F.3d 1017, 1024-27 (9th Cir.2000). These cases make clear that Apprendi does not apply to sentencing guideline adjustments and enhancements that do not increase a defendant’s sentence beyond the statutory maximum for the crime committed. Because Lindberg’s sentence does not exceed the statutory máximums for the crimes she committed, her sentence does not violate Apprendi .

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the cpurts of this circuit except as may be provided by 9th Cir. R. 36-3.