United States v. Ismael Celaya

MEMORANDUM

Ismael Celaya appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(A)(viii); and importation of methamphetamine, in violation of 21 U.S.C. § 960 (a)(1) and (b)(1)(H). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Celaya contends that the district court violated Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), by determining that his offense involved 50 grams or more of actual methamphetamine under 21 U.S.C. § 841 (b)(1) (A) (viii). Even assuming an Apprendi violation, however, defendant cannot obtain relief because his sentence did not exceed the statutory maximum applicable to the relevant quantity of methamphetamine mixture. See 21 U.S.C. § 841 (a)(1)(B)(viii), United States v. Saya, 247 F.3d 929, 942 (9th Cir.2001) (“We have held repeatedly that a defendant cannot obtain relief under Apprendi when his sentence does not exceed the statutory maximum[.]”).

Celaya also contends that the district court procedurally erred in calculating his…