U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Apolonia Ramirez

United States v. Apolonia Ramirez
U.S. Court of Appeals for the Ninth Circuit · Decided April 22, 2013 · Canby, Ikuta, Watford
516 F. App'x 659

United States v. Apolonia Ramirez

Opinion

MEMORANDUM **

Apolonia Ramirez appeals from the district court’s judgment and challenges the 87-month sentence imposed following her guilty-plea conviction for conspiracy to possess with intent to distribute crack cocaine, in violation of 21 U.S.C. §§ 841(b)(l)(B)(iii), 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Ramirez contends that the district court gave insufficient weight to her post-offense rehabilitation and thereby imposed a substantively unreasonable sentence. The district court did not abuse its discretion in imposing Ramirez’s sentence. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The court was aware of Ramirez’s post-offense rehabilitation but found that the Guidelines adequately captured her conduct. Ramirez’s sentence at the bottom of the advisory Guidelines range is substantively reasonable in light of the 18 U.S.C. § 3558(a) sentencing factors and the totality of the circumstances. See Gall, 552 U.S. at 51, 128 S.Ct. 586.

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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