United States v. Jose Gastellum-Chavez

MEMORANDUM

Jose Gastellum-Chavez appeals from the 156-month sentence imposed by the district court following his guilty plea to one count of conspiracy to possess with intent to distribute 1,000 kilograms or more of marijuana, in violation of 21 U.S.C. § § 846 and 841(a)(1) and (b)(l)(A)(vii), and two counts of possession with intent to distribute 1,000 kilograms or more of marijuana and aiding and abetting in such offenses, in violation of 21 U.S.C. § 841 (a)(1) and (b)(l)(A)(vii) and 18 U.S.C. § 2 . We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Gastellum-Chavez contends that the district court plainly erred by relying on the drug quantities attributed to the conspiracy in the Presentence Investigation Report (“PSR”) to calculate the base offense level under U.S.S.G. § 2Dl.l(c)(2). During the plea colloquy, Gastellum-Chavez admitted that the offenses to which he pleaded guilty involved 1,000 kilograms or more of marijuana. His admissions were sufficient for purposes of establishing the statutory maximum sentence of life imprisonment under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). See 21 U.S.C. § 841 (b)(l)(A)(vii). In…