United States v. Dee Ann Homer

MEMORANDUM

Dee Ann Homer appeals from the district court’s sentence following her guilty plea to one count of possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(C). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the history of this case, we need not recount it here.

I

The district court properly considered Homer’s August 2010 arrest for transporting 174 pounds of marijuana as “relevant conduct” under U.S.S.G. § lB1.3(a)(2) in calculating Homer’s base offense level. By introducing the Border Patrol “report of apprehension or seizure” from the August 2010 incident, which was corroborated by Homer’s own statements in her presentence interview, the Government established the salient facts of the August 2010 incident by a preponderance of the evidence, United States v. Newhoff, 627 F.3d 1163, 1170 (9th Cir.2010), as well as that incident’s connection to the offense of conviction, see U.S.S.G. § 1B1.3(a)(2) (a prior offense qualifies as “relevant conduct” if it shares a single factor in common with the offense of conviction, such as a common purpose, similar modus operandi, or other…