United States v. Frank Pellegrino

MEMORANDUM

Frank Nicholas Pellegrino appeals from the 120-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute 1000 kilograms or more of marijuana and conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956 (a)(1)(A)(i), (h), and 21 U.S.C. §§ 841 (a)(1), (b)(l)(A)(vii), and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Pellegrino contends the district court erred by determining that the ten-year statutory minimum sentence under § 841(b)(1)(A) trumped the sentencing principles set forth in 18 U.S.C. § 3553 (a). Pellegrino waived this contention by agreeing to a ten-year statutory minimum sentence, and declining the district court’s invitation to prepare supplemental briefing on the issue. See United States v. Olano, 507 U.S. 725, 733 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.