Defendant's sentence to 70 months' imprisonment for conspiring to possess with intent to distribute illegal drugs is affirmed where: 1) the district court did not commit any significant procedural error in imposing defendant's sentence and the sentence was procedurally reasonable; and 2) considering the totality of the circumstances, including the Guidelines, the section 3553(a) factors, the nature of the offense, defendant's family situation, his immigration status, his lack of criminal history, and defendant's asserted attempt to cooperate with the government, the 70 month sentence is substantively reasonable.
Argued: July 28, 2009
Decided and Filed: November 23, 2009
Opinion by District Judge Sargus
For Appellant: Mark J. Kriger, LaRene & Kriger, PLC.
For Appellee: Jennifer J. Sinclair, Assistant US Attorney