United States v. Conrado Rodriguez Acosta

967 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Conrado Rodriguez ACOSTA, Defendant-Appellant. No. 91-50647. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1992. * Decided July 6, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Conrado Rodriguez Acosta appeals from his sentence, imposed following a guilty plea, for conspiracy to import marijuana in violation of 21 U.S.C. §§ 952 , 960, and 963. Acosta contends that the district court erred by sentencing him at the upper end of the applicable range under the United States Sentencing Guidelines (Guidelines) rather than to the statutory mandatory minimum term of imprisonment. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 "[A] statute controls over the Guidelines when the two conflict. When there is no conflict, however, the Guidelines control." United States v. Berlier, 948 F.2d 1093,…