Flores-Mendoza

MEMORANDUM **

Appellant, Ana Maria Flores-Mendoza, appeals the sentence imposed following her conviction for harboring illegal aliens and aiding and abetting, in violation of 8 U.S.C. § 1324 (a)(1)(A)(iii) and (v)(II). Following her guilty plea, the district court sentenced Flores-Mendoza to eight months in prison followed by three years of supervised release. This sentence was based, in part, on the court’s decision to impose a three-level increase of the offense level under U.S.S.G. § 2Ll.l(b)(2)(A) because Flores-Mendoza was harboring between six and twenty-four unlawful aliens. On appeal, Flores-Mendoza argues that her sentence should be set aside because, in determining the appropriateness of the three-level enhancement, the district court improperly placed the burden on her to disprove facts in the Presentence Report (“PSR”) related to the number of illegal aliens she was harboring. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

In the proceedings below, Flores-Mendoza did not specifically object to any statement in the PSR related to the number of aliens. If she had done so, it is clear from the record that the court would have granted an evidentiary hearing…