Barajas
United States v. Barajas
Opinion
Lead Opinion
MEMORANDUM *
Victor Barajas (“Barajas”) appeals his jury conviction and sentence for conspiracy to distribute, distribution of, and possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.
The facts are familiar to the parties and will be restated only as necessary to resolve the legal issues of the appeal.
Barajas argues that the base offense level of 34, calculated pursuant to U.S.S.G. § 2D1.1 (1998), was incorrect because the district court improperly factored in four undelivered pounds of methamphetamine. Because Barajas made no objections at sentencing, he forfeited this *397 claim on appeal. See United States v. Visman, 919 F.2d 1390, 1393-94 (9th Cir. 1990).
Barajas argues that the district court erred in faffing to make specific findings regarding Barajas’ capability of delivering the four additional pounds. However, because Barajas did not raise this issue before the district court, this matter was not controverted, and the district court was not required to make factual findings. Fed. R.Crim. Proc. 32(c)(1); United States v. Maldonado, 215 F.3d 1046, 1049-50…