Filed: Apr. 21, 2020
Latest Update: Apr. 21, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 21 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-30167 Plaintiff-Appellee, D.C. No. 2:18-cr-00169-DCN-2 v. MEMORANDUM* ANDREA JOYCE STEELE, Defendant-Appellant. Appeal from the United States District Court for the District of Idaho David C. Nye, District Judge, Presiding Submitted March 3, 2020** Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges. Andrea Joyce Steele appeals fr
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 21 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-30167 Plaintiff-Appellee, D.C. No. 2:18-cr-00169-DCN-2 v. MEMORANDUM* ANDREA JOYCE STEELE, Defendant-Appellant. Appeal from the United States District Court for the District of Idaho David C. Nye, District Judge, Presiding Submitted March 3, 2020** Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges. Andrea Joyce Steele appeals fro..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 21 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-30167
Plaintiff-Appellee, D.C. No. 2:18-cr-00169-DCN-2
v.
MEMORANDUM*
ANDREA JOYCE STEELE,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Idaho
David C. Nye, District Judge, Presiding
Submitted March 3, 2020**
Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.
Andrea Joyce Steele appeals from the district court’s judgment and
challenges the 21-month sentence imposed following her guilty-plea conviction for
conspiracy to distribute and possess with intent to distribute methamphetamine, in
violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1291, and we affirm.
The government argues that Steele’s appeal is barred by the appeal waiver in
her plea agreement. Steele argues that the waiver is unenforceable. Even if the
waiver does not apply, Steele’s claims fail on the merits.
Steele contends the district court procedurally erred by failing to consider
her request for a shorter sentence and adequately explain why a shorter sentence
was insufficient to meet the goals of sentencing. The district court did not plainly
err. See United States v. Valencia-Barragan,
608 F.3d 1103, 1108 (9th Cir. 2010).
The record reflects that the court considered Steele’s mitigating arguments and
gave them substantial weight in deciding to impose a sentence below the
Guidelines range. It also explained that a 21-month sentence was warranted in
light of the seriousness of the offense and the impact of methamphetamine
distribution on society. Contrary to Steele’s argument, this explanation is
sufficient to permit meaningful appellate review. See United States v. Carty,
520
F.3d 984, 992 (9th Cir. 2008) (en banc).
Steele also contends the sentence is substantively unreasonable in light of
her post-offense rehabilitation and other mitigating circumstances. The district
court did not abuse its discretion. See Gall v. United States,
552 U.S. 38, 51
(2007). The below-Guidelines sentence is substantively reasonable in light of the
18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances. See
2 19-30167
Gall, 552 U.S. at 51.
AFFIRMED.
3 19-30167