Soliai

United States v. Soliai

Good Law
58 F. App'x 349
United States Court of Appeals for the Ninth CircuitMarch 13, 2003No. 02-10291; D.C. No. 01-00349 SOMCalifornia258 words

Opinion

Lead Opinion

MEMORANDUM **

Pinemua Needham Soliai appeals the district court’s sentencing order, alleging that the district court erroneously determined that he had a base sentencing level of 32 rather than a base level of 26. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

In contrast to Soliai’s assertion, the district never stated during the plea colloquy that it would base Soliai’s sentence on the overall weight of the mixture rather than on the weight of methamphetamine (actual) within the mixture. At the colloquy, the district court stated merely that it interpreted the indictment as charging possession of a methamphetamine mixture under § 841(b)(1)(B) instead of charging *350 possession of methamphetamine (actual) under § 841(b)(1)(A). The district court’s purpose in identifying the appropriate charge at the colloquy was to determine the relevant statutory minimum sentence, which is ten years for § 841(b)(1)(A) but only five years for § 841(b)(1)(B), not to establish any parameters for determining Soliai’s base guideline level.

We also reject Soliai’s argument that his base guideline level must be determined according to the overall weight of the mixture. See…

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