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U.S. v. CHAVEZ

No. 09-50434.

611 F.3d 1006 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Cynthia CHAVEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2010.

Attorney(s) appearing for the Case

Karen P. Hewitt, United States Attorney for the Southern District of California, by Bruce R. Castetter and Amie D. Rooney, Assistant United States Attorneys, San Diego, CA, for the plaintiff-appellee.

James Fife, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Before DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and FREDERIC BLOCK, District Judge.

PER CURIAM:

Defendant-Appellant Cynthia Chavez ("Chavez") timely appeals her sentence of 15 months' incarceration for narcotics convictions. Chavez claims that her personal characteristics entitled her to a maximum sentence of probation on the theory that the parsimony clause of 18 U.S.C. § 3553(a) establishes the "statutory maximum" for Apprendi purposes. Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147...

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