Gutierrez-Razon

United States v. Gutierrez-Razon

Good Law
36 F. App'x 918
United States Court of Appeals for the Ninth CircuitMay 29, 2002No. 01-50012; D.C. No. CR-97-00304-SVW-01California245 words

Opinion

Lead Opinion

MEMORANDUM **

Pedro Gutierrez-Razon appeals his 188-month sentence imposed following our remand for resentencing in United States v. Gutierrez-Razon, No. 98-50380, 229 F.3d 1160 (9th Cir.2000) (unpublished memorandum disposition). Gutierrez-Razon was convicted by guilty plea to conspiracy to distribute and distribution of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 . 1 We affirm.

Gutierrez-Razon contends that the district court violated Federal Rule of Criminal Procedure 32(c)(1) by failing to resolve his objections to the presentence report before rejecting his request for a minor role reduction.

We decline to address this contention because the scope of our remand was limited to the sole issue of Gutierrez-Razoris role for purposes of the safety valve under U.S.S.G. § 5C1.2(4). See United States v. Pimentel, 34 F.3d 799, 800 (9th Cir.1994) (per curiam) (concluding that because of the limited scope of our remand, the district court was without authority to reexamine any other sentencing issues on remand).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the…

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