United States v. Alejandro Pacheco-Chong

101 F.3d 706 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Alejandro PACHECO-CHONG, Defendant-Appellant. No. 95-50105. United States Court of Appeals, Ninth Circuit. Submitted Feb. 14, 1996. * Decided Nov. 14, 1996. Before: CHOY, SNEED, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Alejandro Pacheco-Chong appeals from his conviction on two counts of distribution of methamphetamine in violation of 21 U.S.C. § 841 (a)(1), arguing that despite the terms of his plea agreement he has not waived his right to appeal whether section 841(a)(1) is a constitutional exercise of Congress' Commerce Clause power. We agree that Pacheco-Chong has not waived his right to appeal, but reject his claim that Congress had no authority under the Commerce Clause to enact 21 U.S.C. § 841 (a)(1). 3 Pacheco-Chong was arrested with several other co-defendants pursuant to an undercover operation in which the government sought to purchase…