United States v. Raul Lopez-Arroyo

MEMORANDUM

Raul Christian Lopez-Arroyo appeals from the 192-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § § 841(a)(1), 841(b)(l)(A)(vii), and 846; and possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(A)(vii).

Lopez-Arroyo contends that he was sentenced in violation of the Sixth Amendment because his base offense level was enhanced on the basis of facts not found by a jury. This argument fails because his sentence did not exceed the statutory maximum of life imprisonment. See United States v. Chavez, 611 F.3d 1006, 1009 (9th Cir.2010) (per curiam). Lopez-Arroyo also contends that the district court clearly erred by imposing a two-level enhancement for possession of a dangerous weapon under U.S.S.G. § 2Dl.l(b)(l) and a three-level aggravating role enhancement under U.S.S.G. § 3Bl.l(b). In connection with this argument, he contends that the district court was required to use the standard of clear and convincing evidence in determining whether the government had carried its burden of establishing that the enhancements were…