United States v. Laura Cruz

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 21, 2023
• Docket: 22-50122
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 21 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Nos. 22-50122 22-50123 Plaintiff-Appellee, D.C. Nos. 3:19-cr-02284-LAB-1 v. 3:21-cr-02883-LAB-1

LAURA MARQUEZ CRUZ, AKA Laura MEMORANDUM* Valdez,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding

Submitted March 14, 2023**

Before: SILVERMAN, SUNG, and SANCHEZ, Circuit Judges.

In these consolidated appeals, Laura Marquez Cruz appeals from the district

court’s judgments and challenges the 77-month sentence imposed following her

guilty-plea conviction for importation of heroin, in violation of 21 U.S.C. §§ 952,

960, and the 8-month consecutive sentence imposed upon revocation of probation.

* 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). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Marquez Cruz contends that the aggregate 85-month sentence is

substantively unreasonable because her personal circumstances, health conditions,

and nonviolent criminal history weighed in favor of a lower sentence. The district

court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51

(2007). The sentence is substantively reasonable in light of the applicable 18

U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including

her criminal history, need for deterrence, and breach of the court’s trust. See Gall,

552 U.S. at 51; United States v. Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006); 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 22-50122 & 22-50123