Submitted: November 11, 2014.
Appeal from United States District Court for the District of South Dakota - Aberdeen.
For United States of America, Plaintiff - Appellee: Jay P. Miller, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of South Dakota, Pierre, SD; Kathryn Nicole Rich, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Rapid City, SD.
Adjoni Archambault, also known as Adjoni Jones, Defendant - Appellant, Pro se, Minneapolis, MN.
For Adjoni Archambault, also known as Adjoni Jones, Defendant - Appellant: Joshua Kenneth Finer, RICHARDSON & WYLY, Aberdeen, SD.
Before MURPHY, MELLOY, and BENTON, Circuit Judges.
MURPHY, Circuit Judge.
Adjoni Archambault pled guilty to distribution of a controlled substance in violation of 21 U.S.C. § 841(a)(1) for selling Ritalin which had been prescribed for her thirteen year old son. The district court varied upward in sentencing Archambault to 18 months imprisonment. Archambault appeals, challenging the substantive reasonableness of her sentence. We affirm.
Archambault is a Native American with many prior convictions for child neglect and substance abuse in the Standing Rock Sioux Tribal Court in Fort Yates, North Dakota. Archambault has completed at least four substance abuse treatment programs but relapsed after the conclusion of each. She also has a long history of mental health problems.
In February 2013 Archambault's thirteen year old son told a healthcare worker that his mother began forcing him to smoke marijuana when he was six years old. Child Protective Services subsequently began investigating Archambault for child abuse and neglect. Archambault's son told investigators that he had been prescribed Ritalin, but his mother had taken it from him. Archambault directed her son to conceal the pills given to him by his school nurse so that he could bring them home. His mother would then crush the pills and either inhale them or inject them into her arm. Archambault sold the pills that she did not use, sometimes giving her son money or marijuana in return. The boy told investigators that he once accidentally swallowed one of his Ritalin pills, which angered his mother. Although Ritalin would calm him, he felt guilty when he took the medication himself rather than taking it to his mother. He
stated that he would get in trouble with his mother if he took the Ritalin himself and with his school if he did not.
A special agent from the Bureau of Indian Affairs interviewed Archambault. She admitted that she had used and sold her son's Ritalin. Archambault also admitted that she would occasionally give her son marijuana. A federal grand jury indicted Archambault in June 2013 for distribution of a controlled substance in violation of 21 U.S.C. § 841(a)(1). She was detained five days later and released on a personal recognizance bond in July. She violated the terms of her release by twice testing positive for alcohol after Standing Rock police officers arrested her for disorderly conduct. She also tested positive for marijuana on the day of her change of plea hearing; the district court set a new hearing date, and she pled guilty the next month.
The district court conducted Archambault's sentencing hearing in April 2014. The court calculated a guideline range of four to ten months based on her total offense level of 8 and criminal ...