Arenas

United States v. Arenas

Good Law
340 F. App'x 384
United States Court of Appeals for the Ninth CircuitJuly 30, 2009No. 08-30188California850 words

Opinion

Lead Opinion

MEMORANDUM **

Elsa Martina Arenas (“Arenas”) was convicted of one count of possession of methamphetamine with intent to distribute and two counts of distribution of methamphetamine. She was sentenced to 176 months’ imprisonment. 1 - She appeals her sentence, contending that it was infected by procedural errors and is substantively unreasonable. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.

1. Arenas contends that the district court erroneously assumed it could not consider her alleged post-sentence rehabilitation, and in so doing committed reversible error.

Contrary to Arenas’ contention, the district court did not conclude that it was categorically barred from taking post-sentence rehabilitation into account. Instead, the court observed that both a United States Sentencing Guidelines (“Guidelines”) policy statement, see U.S.S.G. § 5K2.19, and the balance of the 18 U.S.C. § 3553 (a) sentencing factors counsel against assigning weight to post-sentence rehabilitation, and thus, the court reasoned, such rehabilitation would warrant a sentence reduction only in an extraordinary case. Because Arenas did not allege extraordinary post-sentence…

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