United States v. Apolonia Ramirez

Good Law
516 F. App'x 659
United States Court of Appeals for the Ninth CircuitApril 22, 201311-50316California178 words

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.