USA v. Anna Murrieta, No. 09-10465 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS NOV 22 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 09-10465 D.C. No. 4:09-cr-01172-DCB v. MEMORANDUM * ANNA VERONICA MURRIETA, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona David C. Bury, District Judge, Presiding Submitted November 16, 2010 ** Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges. Anna Veronica Murrieta appeals from the 37-month sentence imposed following her guilty-plea conviction for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). 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 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). Murrieta contends that the district court procedurally erred by failing to consider her individual circumstances and arguments for a lower sentence. The record indicates that the district court considered Murrieta s arguments in light of the 18 U.S.C. § 3553(a) sentencing factors and did not otherwise procedurally err. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en banc). Murrieta also contends that her sentence is substantively unreasonable. In light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a), her sentence at the bottom of the Guidelines range is reasonable. See Carty, 520 F.3d at 993-94. AFFIRMED. 2 09-10465

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