United States v. Megan Stevenson

MEMORANDUM

Megan Stevenson appeals from the 27-month custodial sentence and 60-month supervised release term imposed following her guilty-plea conviction for conspiracy to possess with intent to distribute approximately 60 kilograms of marijuana, in violation of 21 U.S.C. §§ 846 and 841(a)(1), (b)(1)(C), and possession with intent to distribute approximately 60 kilograms of marijuana, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(C). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Stevenson contends that the district court procedurally erred by imposing a 60-month supervised release term without explaining the reasons for the upward variance. The district court did not plainly err. See U.S. v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc) (“[Ajdequate explanation in some cases may ... be inferred from the PSR or the record as a whole.”).

Stevenson also contends that the district court erred by denying her a minimal role adjustment under U.S.S.G. § 3B1.2. The district court did not err by comparing her to the hypothetical average courier to determine if any mitigating role adjustment was warranted, nor did it err by denying a minimal role adjustment. See United…