Valera

United States v. Valera

Good Law
17 F. App'x 612
United States Court of Appeals for the Ninth CircuitAugust 24, 2001Nos. 00-30128, 00-30129; D.C. Nos. CR-99-00036-a-HRH, CR-99-00036-2-a-HRHCalifornia340 words

Opinion

Lead Opinion

MEMORANDUM *

Juan Francisco R. Valera and Gerson Nunez appeal their sentences, arguing that they were imposed in violation of the principles announced in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Nunez additionally contends the district court should have granted his motion to suppress the evidence obtained from a wiretap.

Defendants were sentenced before the Supreme Court decided Apprendi so the arguments now raised with respect to their sentences were not raised in the district court. We conclude that there was no plain error. Even if we refuse to accept the defendants’ stipulation that more than 50 grams of cocaine base were involved in two of the counts of the indictment, a quantity qualifying them for a term of life imprisonment, both were sentenced to a term well below the statutory maximum. Valera was charged with distributing and conspiring to distribute cocaine with a pri- or conviction, and therefore faced a maximum penalty of 30 years. 21 U.S.C. § 841 (b)(1)(C). He was sentenced to 27 years. Nunez faced a maximum of 20 years and received a sentence of 12 lk years. Id.

The government supported its application for a wiretap with a…

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