Schaeffer

United States v. Schaeffer

Good Law
30 F. App'x 704
United States Court of Appeals for the Ninth CircuitJanuary 25, 2002No. 01-50319; D.C. No. CR-00-03651-EJGCalifornia522 words

Opinion

Lead Opinion

MEMORANDUM **

Laura Schaeffer appeals her 18 month sentence following a guilty plea conviction to one count of bringing in aliens without presentation, in violation of 8 U.S.C. § 1324 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Schaeffer first contends that the district court erred by denying a minor or minimal role adjustment pursuant to Sentencing Guidelines § 3B1.2. We disagree.

Based upon our review of the record, we conclude that the district court did not clearly err by denying Schaeffer a minor or minimal role adjustment. See United States v. Ruelas, 106 F.3d 1416, 1419 (9th Cir.1997) (stating that the denial of a minor or minimal role adjustment is reviewed for clear error). The undisputed facts set out in the presentence report, as adopted by the district court, establish that Schaeffer was paid $400 to drive a vehicle across the border with an alien hidden in a compartment in the vehicle’s gas tank. Schaeffer failed to present any evidence either that any other persons were involved in the crime or that this incident was part of a larger alien smuggling scheme. See United States v. HernandezFranco, 189 F.3d 1151, 1160 (9th Cir.1999) (stating…

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