Heth

MEMORANDUM **

Sarah Heth appeals her 18-month sentence following a guilty plea conviction to conspiracy, in violation of 18 U.S.C. § 371 , and possession of stolen mail, in violation of 18 U.S.C. § 1708 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Heth first contends that the district court erred by applying the preponderance of the evidence standard, rather than the clear and convincing evidence standard, to determine whether she participated in jointly undertaken criminal activity. See U.S.S.G. § 1B1.3(a)(1)(B). We are persuaded otherwise.

We review the district court’s interpretation and application of the Sentencing Guidelines de novo, and the factual findings underlying its sentencing decision for clear error. See United States v. Jordan, 256 F.3d 922, 926 (9th Cir.2001). When an objection to the preponderance of the evidence standard is not raised at sentencing, we review only for plain error. See id.

Based upon our review of the record, we conclude that Heth’s enhancement did not have an extremely disproportionate effect on her sentence relative to the offenses of conviction, and therefore the district court properly applied the preponderance of…