Frantz

MEMORANDUM **

Appellant Dory Kim Frantz appeals from the judgment of conviction and the District Court’s sentencing decision. Ms. Frantz contends that the District Court’s instructions to the jury violated her Fifth and Sixth Amendment rights because they constructively amended the superseding indictment; and her sentence is unreasonable because of the disparity between the significantly lower sentences imposed on her co-conspirators. We affirm because we conclude that the District Court’s jury instructions did not constructively amend the superseding indictment. We also hold that the sentencing decision was reasonable under 18 U.S.C. § 3553 (a)(6).

I

A

The evidence viewed in the light most favorable to the Government revealed the following facts: On June 16, 2005, federal and local law enforcement officers arranged a controlled purchase of methamphetamine between Edward Price, a police informant, and Greg Frantz, Ms. Frantz’s brother. Mr. Frantz sold four ounces of methamphetamine to Mr. Price for $8,400 at the Honolulu Arport Hotel. Law enforcement officers arrested Mr. Frantz in the hallway after the sale was consummated.

On the same date, Agent Terence Chu of the Federal…