United States of America v. Leanne Veronica Chavarrin, a.k.a. Leanne Veronica Chavarin, a.k.a. Leanne Veronica…

11-10056Court of Appeals for the Ninth Circuit27 oct. 2011

Texte intégral

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LEANNE VERONICA CHAVARRIN,
a.k.a. Leanne Veronica Chavarin, a.k.a.
Leanne Veronica Chavrin,
Defendant - Appellant.
No. 11-10056
D.C. No. 4:10-cr-01764-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted October 25, 2011**
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Leanne Veronica Chavarrin appeals from the 10-month sentence imposed
following her guilty-plea conviction for conspiracy to transport illegal aliens, in
violation of 8 U.S.C. § 1324(a)(1)(A)(v)(I) and (a)(1)(B)(i); and attempt to bring in
FILED
OCT 27 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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an illegal alien, in violation of 8 U.S.C. § 1324(a)(2)(A). We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Chavarrin contends that the district court procedurally erred by imposing his
sentence based on a factor that had already been contemplated in calculating the
advisory Guidelines range. The record reflects that the district court carefully
considered the 18 U.S.C. § 3553(a) sentencing factors before determining that a
sentence at the high end of the Guidelines range was appropriate under the
circumstances. The district court did not procedurally err, and the sentence is
substantively reasonable under the totality of the circumstances and in light of the
sentencing factors set forth in 18 U.S.C. § 3553(a). See Gall v. United States, 552
U.S. 38, 51 (2007); see also United States v. Carty, 520 F.3d 984, 993 (9th Cir.
2008) (en banc).
AFFIRMED.

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