United States v. Ella Simpson

MEMORANDUM

Ella Simpson appeals from the sentence imposed after her guilty plea to possession and conspiracy to possess oxycodone with intent to distribute under 21 U.S.C. §§ 841 (a)(1), (b)(1)(C), and 846. We review the district court’s imposition of a sentence for abuse of discretion, Gall v. United States, 552 U.S. 38, 46 , 128 S.Ct. 586 , 169 L.Ed.2d 445 (2007), and we affirm.

Simpson argues that her sentence is substantively unreasonable because the Sentencing Guidelines standard establishing the oxycodone sentencing ratio is unreasonable, and she contends that our decision in United States v. Lee, 725 F.3d 1159 (9th Cir.2013), requires that we vacate and remand for resentencing. We reject these arguments.

While a district court may deviate from the Guidelines based on disagreements with the provided ratios, Kimbrough v. United States, 552 U.S. 85, 107-09 , 128 S.Ct. 558 , 169 L.Ed.2d 481 (2007), it must treat the Guidelines as the “starting point and the initial benchmark,” Gall, 552 U.S. at 49 , 128 S.Ct. 586 . Here, the district court adequately took into account Simpson’s particular crimes, history, and characteristics in deciding upon a sentence. The district court…