United States of America v. Apolonia Ramirez, a.k.a. Reina

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
APOLONIA RAMIREZ, a.k.a. Reina,
Defendant - Appellant.
No. 11-50316
D.C. No. 2:07-cr-01172-DDP
MEMORANDUM*
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
FILED
APR 22 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50316 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.

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