Germann

MEMORANDUM **

Shelly Germann appeals the district court’s two-level sentencing enhancement for mass-marketing following her guilty plea conviction for wire fraud. We have jurisdiction pursuant to 18 U.S.C. § 3742 . We review de novo the district court’s interpretation of the Sentencing Guidelines. United States v. Pirello, 255 F.3d 728, 731 (9th Cir.2001). We review the district court’s factual findings in the sentencing phase for clear error. Id. The district court’s application of the law to the facts of a particular case is reviewed for abuse of discretion. Id. We affirm.

Germann contends that even if she and her co-defendant contacted as many as seventy-two people in the course of their telemarketing scheme, that does not constitute a large enough number of victims to justify application of a mass-marketing enhancement. See U.S. Sentencing Guidelines Manual § 2Fl.l(b)(3) (1998) (deleted by consolidation 2001). We disagree. The application note to U.S.S.G § 2Fl.l(b)(3) defines “mass-marketing” as “a plan, program, promotion, or campaign that is conducted through solicitation by telephone, mail, the Internet, or other means to induce a large number of persons to (A) purchase…