United States v. Susan Chavez-Ramirez

485 F. App'x 883

Opinion

MEMORANDUM **

Susan Chavez-Ramirez appeals from the 158-month sentence imposed following her guilty-plea conviction for conspiracy to distribute and possess with intent to distribute 500 grams or more of a substance containing methamphetamine, in violation of 21 U.S.C. § § 841(a)(1), 841(b)(1)(A), and 846; and possession with intent to distribute 500 grams or more of a substance containing methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Chavez-Ramirez contends that in granting a downward departure under 18 U.S.C. § 3553(e), the district court could have considered factors unrelated to her substantial assistance. This contention is foreclosed by United States v. Jackson, 577 F.3d 1032, 1036 (9th Cir.2009). Contrary to Chavez-Ramirez’s argument, Pepper v. United States, — U.S. -, 131 S.Ct. 1229, 179 L.Ed.2d 196 (2011), does not permit us to disregard our precedent. See United States v. Gonzalez-Zotelo, 556 F.3d 736, 740 (9th Cir.2009).

Chavez-Ramirez also contends that the district court erred when it used the Guidelines range as the starting point for the departure. Even if the district court so erred, Chavez-Ramirez has not established a reasonable probability that she would have received a different sentence had the district court instead used the mandatory minimum sentence as the starting point. See United States v. Dallman, 533 F.3d 755, 762 (9th Cir.2008).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.