U.S. Court of Appeals for the Ninth Circuit, 2007

United States v. Staten

United States v. Staten
U.S. Court of Appeals for the Ninth Circuit · Decided December 28, 2007 · Fisher, Goodwin, Wallace
261 F. App'x 967

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.

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