UNITED STATES v. SEGAL (2018)

MEMORANDUM **

Katherine Anne Segal appeals from the district court’s judgment and challenges the 70-month sentence imposed following her guilty-plea conviction for possession with intent to distribute and importation of Alpha-PVP, in violation of 21 U.S.C §§ 841(a)(1) and 952. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Segal contends that the sentence is substantively unreasonable because the district court gave excessive weight to deterrence and public safety concerns and failed to consider sufficiently her personal characteristics, including her history of substance abuse, untreated mental health issues, and an eating disorder. The district court did not abuse its discretion. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). “The weight to be given the various factors in a particular case is for the discretion of the district court.” United States v. Gutierrez-Sanchez, 587 F.3d 904, 908 (9th Cir. 2009). The low-end, 70-month sentence is substantively reasonable in light of the 18 U.S.C. § 3553(a) sentencing factors and the totality of the circumstances, including Segal’s criminal history, the failure of prior sentences to deter her from further criminal conduct, and the large quantity of Alpha-PVP she imported. See Gall, 552 U.S. at 51, 128 S.Ct. 586.

AFFIRMED.