Filed: Apr. 14, 2020
Latest Update: Apr. 14, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 14 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-50136 Plaintiff-Appellee, D.C. No. 3:18-cr-04467-LAB-1 v. MEMORANDUM* LUPITA JAIMES, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted April 7, 2020** Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges. Lupita Jaimes appeal
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 14 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-50136 Plaintiff-Appellee, D.C. No. 3:18-cr-04467-LAB-1 v. MEMORANDUM* LUPITA JAIMES, Defendant-Appellant. Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted April 7, 2020** Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges. Lupita Jaimes appeals..
More
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 14 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-50136
Plaintiff-Appellee, D.C. No. 3:18-cr-04467-LAB-1
v.
MEMORANDUM*
LUPITA JAIMES,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted April 7, 2020**
Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.
Lupita Jaimes appeals from the district court’s judgment and challenges the
78-month sentence imposed following her guilty-plea conviction for importation of
heroin and methamphetamine, in violation of 21 U.S.C. §§ 952, 960. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
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).
Jaimes contends that her sentence is substantively unreasonable in light of
her limited role as a courier, her lack of violent criminal history, and other
mitigating factors presented at sentencing. But, the district court varied downward
from the Guidelines range to reflect some of these circumstances. Its decision not
to vary further was not an abuse of 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,
including the quantity of drugs Jaimes transported and the other aggravating
circumstances of the offense. See
Gall, 552 U.S. at 51; see also United States v.
Gutierrez-Sanchez,
587 F.3d 904, 908 (9th Cir. 2009) (“The weight to be given the
various factors in a particular case is for the discretion of the district court.”).
AFFIRMED.
2 19-50136