United States v. Randy Michael Gretler

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Randy Michael GRETLER, Defendant-Appellant. No. 93-50601. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1994. * Decided June 14, 1994. 1 Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, ** Senior District Judge. 2 MEMORANDUM *** 3 Randy Michael Gretler was charged with importation of 348 pounds of marijuana, 21 U.S.C. Secs. 952 and 960 and its possession with intent to distribute, 21 U.S.C. Sec. 841 (a)(1). Gretler pled to the first count of the indictment and appeals his sentence. We affirm. 4 We follow United States v. Valente, 961 F.2d 133 (9th Cir.1992), and find the sentencing court has no authority to depart below the mandatory minimum except that granted in 18 U.S.C. Sec. 3553 (e) and U.S.S.G. Sec. 5K1.1. The sentence imposed was 18 months. If the court had adjusted for both acceptance of responsibility and a minor role in the…