United States v. Julita Sablan

Good Law
469 F. App'x 601
United States Court of Appeals for the Ninth CircuitFebruary 28, 201210-10556, 10-10557California616 words

Opinion

Opinion

MEMORANDUM

Julita Aldan Sabían appeals her sentence of 70 months for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) (Appeal No. 10-10556) and a consecutive 15-month sentence for violation of the terms of her supervised release (Appeal No. 10-10557). As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court followed all required procedures in announcing Sablan’s sentence for her conviction under 21 U.S.C. § 841 (a)(1). The court explained its initial calculation of the applicable guidelines range during the November 12, 2010 sentencing hearing, and it confirmed that the parties understood that calculation at the inception of the November 16th hearing. The court sufficiently responded to all of Sablan’s arguments for a downward variance as they applied to 18 U.S.C. § 3553 (a) sentencing factors, and did in fact impose a below guidelines sentence. The court explained that Sablan’s argument that the U.S. Probation Office had failed to give her requested relocation assistance did…

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