United States v. Staten

U.S. Court of Appeals for the Ninth Circuit
United States v. Staten, 261 F. App'x 967 (9th Cir. 2007)
Fisher, Goodwin, Wallace

United States v. Staten

Opinion of the Court

MEMORANDUM **

Sue Ellen Staten appeals from the 63-month sentence imposed upon remand, following her guilty-plea conviction for conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. § 846. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Staten contends that the district court erred by applying U.S.S.G. § 2Dl.l(b)(5)(B) to enhance her sentence because the evidence did not support the conclusion that the underlying offense created a substantial risk of harm. We disagree. The evidence presented at sentencing supported the district, court’s conclusion that there was a substantial risk of harm posed by the conspiracy. See U.S.S.G. § 2Dl.l(b)(5)(B) & cmt. n. 20(A).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
United States v. Sue Ellen STATEN
Status
Published