United States v. Jerome Enrico Cuie, Jr.

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerome Enrico CUIE, Jr., Defendant-Appellant. No. 92-30469. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1993. * Decided Nov. 5, 1993. Before: REINHARDT, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Jerome Enrico Cuie, Jr. challenges the district court's imposition of a five-year mandatory minimum sentence pursuant to 21 U.S.C. § 841 (b)(1)(B)(iii) (" § 841(b)(1)(B)(iii)") and requests that his sentence be vacated and his case remanded for resentencing under 21 U.S.C. § 841 (b)(1)(C) (" § 841(b)(1)(C)"). Cuie contends that because the amount of cocaine he pled guilty to possessing with intent to distribute (13.82 grams) was not included in the indictment, the district court's application of the five-year mandatory minimum sentence under § 841(b)(1)(B)(iii) was improper. Cuie maintains that absent specific…