United States v. Apolonia Ramirez

FILED NOT FOR PUBLICATION APR 22 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 11-50316 Plaintiff - Appellee, D.C. No. 2:07-cr-01172-DDP v. MEMORANDUM * APOLONIA RAMIREZ, a.k.a. Reina, Defendant - Appellant. Appeal from the United States District Court for the Central District of California Dean D. Pregerson, District Judge, Presiding Submitted April 16, 2013 ** Before: CANBY, IKUTA, and WATFORD, Circuit Judges. 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)(1)(B)(iii), 846. We have jurisdiction under 28 U.S.C. § 1291, and we * 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). 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 (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. § 3553(a) sentencing factors and the totality of the circumstances. See Gall, 552 U.S. at 51. AFFIRMED. 2 11-50316