UNITED STATES of America, Plaintiff-Appellee, v. Rafael VALENCIA-ANDRADE, Defendant-Appellant

Rafael Andrade-Valencia appeals from the sentence imposed by the district court following his guilty plea to possession of methamphetamine with intent to distribute. The district court sentenced Andrade-Valen-cia to the statutory mandatory minimum term of imprisonment of 120 months. He seeks reversal on the ground that the district court erred in ruling that it lacked the authority to impose a sentence below the mandatory minimum, notwithstanding its finding that his criminal history category, based on two convictions for driving with a suspended license, was over-represented. We affirm because 18 U.S.C. § 3553 (f) expressly precludes a downward departure from the guidelines if the defendant has more than one criminal history point.

I.

On July 22, 1994, Andrade-Valencia was caught attempting to smuggle methamphetamine into the United States. The gross weight of the methamphetamine and its packaging was 15.67 kilograms. Andrade-Valencia pled guilty to possession of methamphetamine, a Schedule II controlled substance, with intent to distribute, on November 4,1992. This offense carries a mandatory minimum term of ten years to life in prison. 21 U.S.C. § 841…