Hernandez

United States v. Hernandez

Good Law
16 F. App'x 582
United States Court of Appeals for the Ninth CircuitApril 20, 2001Nos. 99-50717, 99-50718, 99-50743, 99-50758; D.C. No. CR-97-01233-JSLCalifornia2,197 words

Opinion

Lead Opinion

MEMORANDUM ***

Isaías Hernandez (“Hernandez”), Juan Miguel Valdez (“Valdez”), and Urbano Ramirez Lucatero (“Lucatero”) appeal their sentences following their pleas of guilty to conspiracy to manufacture, distribute, or possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 846 , 841(a)(1), and to possession of equipment, chemicals, products, and materials which may be used to manufacture methamphetamine in violation of 21 U.S.C. § 843 (a)(6). Mario Anguiano Chavez (“Anguiano Chavez”) appeals his guilty plea conviction for conspiracy to manufacture, distribute, or possess with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 846 , 841(a)(1). Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Hernandez

1. Hernandez was sentenced based on the 47 kilograms of methamphetamine and methamphetamine solution found in the Acton laboratory. This was a finding by the judge under the preponderance of the evidence standard. Hernandez first contends that this is contrary to the…

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