United States v. Vanessa Palacios-Cortez

MEMORANDUM

Vanessa Elizabeth Palacios-Cortez appeals from the district court’s judgment and challenges the 65-month sentence imposed following her guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(A)(viii); and importation of methamphetamine, in violation of 21 U.S.C. §§ 952 (a) and 960(a)(1), (b)(1)(H). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Palacios-Cortez contends that the district court procedurally erred by failing to consider the 18 U.S.C. § 3558 (a) sentencing factors and by failing to explain adequately the sentence imposed, including its reasons for rejecting her request for a downward variance. We disagree. The record reflects that the district court considered the statutory sentencing factors and Palacios-Cortez’s arguments, and sufficiently explained the sentence. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

Palacios-Cortez also contends that her sentence is substantively unreasonable in light of her personal circumstances and because the applicable Guidelines are arbitrarily harsh. The district court did not abuse its discretion in…