Opinion
No. 15-30219
11-01-2016
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. YONG CHA LEE, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 3:02-cr-05469-RJB MEMORANDUM Appeal from the United States District Court for the Western District of Washington
Robert J. Bryan, District Judge, Presiding Before: LEAVY, GRABER, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Yong Cha Lee appeals from the district court's judgment and challenges the 72-month sentence imposed following her guilty-plea conviction for conspiracy to distribute a listed chemical, in violation of 21 U.S.C. §§ 841(c)(2) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Lee contends that her sentence is substantively unreasonable in light of the fact that she will be deported to Korea following her incarceration, where she has no family except two elderly sisters. The district court did not abuse its discretion in imposing Lee's sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The court varied downward 168 months to account for Lee's deportability and other mitigating factors. 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 Lee's decision to abscond from sentencing for almost 11 years. See Gall, 552 U.S. at 51.
AFFIRMED.