Schaeffer

MEMORANDUM *

Laura Schaeffer appeals her eighteen-month sentence following her guilty plea to one count of bringing in aliens without presentation, in violation of 8 U.S.C. § 1324 (1999).

1. Minor or Minimal Role

At sentencing, Schaeffer argued for a downward adjustment for her minor or minimal role under United States Sentencing Guideline (“U.S.S.G.”) § 3B1.2. The district court denied Schaeffer’s request for a downward adjustment, finding “[t]hat some other person hired her to do the crime, or even as she said in one place, that she did it as a favor for a friend, actually is irrelevant.” In addition to making this factual determination, it also considered the undisputed factual representations contained in the Pre-Sentence Report — that Schaeffer knew that there was an alien concealed in the rear tire compartment of the Honda CRX she was driving; that she was paid $400 to smuggle the illegal alien across the border; and that she was to leave the car at a fast food restaurant without releasing the passenger. Based upon these facts, the district court concluded that Schaeffer “was the *787 main player in the crime of conviction

Pursuant to our holding in United States v.…