Rowe
United States v. Rowe
Opinion
Lead Opinion
MEMORANDUM **
Cedar Adam Rowe appeals his 78-month sentence, together with a four-year term of supervised release, imposed following conviction by guilty plea for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm. We review the district court’s interpretation of the Sentencing Guidelines de novo, United States v. Castillo, 181 F.3d 1129, 1134-35 (9th Cir.1999), and its application of the Sentencing Guidelines to the facts of a particular case for abuse of discretion, United States v. Leon-Reyes, 177 F.3d 816, 824 (9th Cir. 1999).
Rowe contends that, pursuant to Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and United States v. Nordby, 225 F.3d 1053 (9th Cir.2000), overruled in part by United States v. Buckland, 277 F.3d 1173, 1181 (9th Cir.2002) (en banc), he cannot be sentenced to a supervised release term of four years because the indictment did not allege a specific drug quantity. We disagree.
In his plea agreement, Rowe expressly admitted possessing with intent to distribute between 100 and 400 kilograms of marijuana — an admission…