Craig
United States v. Craig
Opinion
Lead Opinion
*857 MEMORANDUM **
Theresa Craig appeals from the 40-month sentence imposed following her guilty-plea conviction for mail fraud, in violation of 18 U.S.C. § 1841 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
First, Craig contends the district court violated Federal Rule of Criminal Procedure 32(i)(3)(B) by failing to rule on a factual dispute she raised with respect to her role. There was no plain error affecting Craig’s substantial rights. See United States v. Olano, 507 U.S. 725, 735 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993).
Second, Craig contends the district court erred by imposing a two-level role enhancement pursuant to U.S.S.G. § 3Bl.l(c) for being an organizer, leader, manager, or supervisor. The district court did not clearly err by applying the two-level enhancement. See United States v. Maldonado, 215 F.3d 1046, 1050-51 (9th Cir.2000).
Third, Craig contends the district court procedurally erred by refusing to consider her mental condition and by relying on clearly erroneous facts about a victim’s suicide. The record belies this contention. See United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc).