MEMORANDUM **

Hsin-Yu Chen appeals the three-year sentence imposed following her conviction for alien smuggling. She contends that the district court erred in ruling that it lacked authority under 18 U.S.C. § 3561(a) to impose a sentence of probation because the three-year mandatory minimum sentencing provision of 18 U.S.C. § 1324(a)(2)(B)(ii) does not expressly preclude a sentence of probation within the meaning of § 3561(a)(2). This contention is foreclosed by United States v. Mueller, 463 F.3d 887 (9th Cir. 2006).

AFFIRMED.