FILED
NOT FOR PUBLICATION MAY 20 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-50447
Plaintiff - Appellee, D.C. No. 2:07-cr-00341-JFW-1
v.
MEMORANDUM *
VICTOR RAMIREZ MARTINEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
John F. Walter, District Judge, Presiding
Submitted January 28, 2011 **
Pasadena, California
Before: PREGERSON, GRABER, and WARDLAW, Circuit Judges.
Victor Ramirez Martinez appeals, arguing that the 77-month sentence
imposed following his conviction under 8 U.S.C. § 1326 is substantively
unreasonable. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
The record as a whole “‘reflects rational and meaningful consideration of the
factors enumerated in 18 U.S.C. § 3553(a).’” United States v. Ressam, 629 F.3d
793, 827 (9th Cir. 2010) (quoting United States v. Tomko, 562 F.3d 558, 568 (3d
Cir. 2009)). The court addressed Ramirez’s medical problems – and Ramirez’s
concerns about the level of care provided by the Bureau of Prisons (BOP) – at
length, ordered that Ramirez receive a full medical evaluation, and recommended
that Ramirez be sent to an appropriate medical facility. The district court,
moreover, sentenced Ramirez to the very bottom of the correct Guidelines range
after concluding that Ramirez has apparently turned his life around. In light of the
totality of the circumstances, Ramirez’s sentence is not substantively unreasonable.
See United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).
Although Ramirez’s allegations, if true, appear to support an Eighth
Amendment challenge to the conditions of imprisonment, in that the BOP may be
acting with deliberate indifference to Ramirez’s medical problems, that does not
support Ramirez’s argument that his sentence is unreasonable. As the district court
observed, Ramirez may raise concerns about his medical care in an administrative
complaint or lawsuit.
AFFIRMED.
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