United States v. Ramon Cervantes

U.S. Court of Appeals for the Ninth Circuit
United States v. Ramon Cervantes, 546 F. App'x 661 (9th Cir. 2013)

United States v. Ramon Cervantes

Opinion

MEMORANDUM **

Ramon Cervantes appeals from the district court’s judgment and challenges the 80-month sentence imposed following his guilty-plea conviction for possession of methamphetamine with intent to distribute and possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a).

Cervantes contends that the sentence, which is below the applicable Sentencing Guidelines range, is substantively unreasonable. We review for abuse of discretion. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The 80-month sentence was not substantively unreasonable in light of the 18 U.S.C. § 3553(a) factors and the totality of the circumstances, including not only Cervantes’s lack of prior convictions, but also the large quantities of methamphetamine and cocaine involved in the offense, the fact that Cervantes had imported drugs on four prior occasions, and the need for the sentence to provide deterrence and promote respect for the law. See id.

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 of America, Plaintiff-Appellee, v. Ramon CERVANTES, Defendant-Appellant
Status
Unpublished