Valencia-Alvarez

United States v. Valencia-Alvarez

Good Law
83 F. App'x 933
United States Court of Appeals for the Ninth CircuitDecember 15, 2003No. 03-30079; D.C. No. CR-02-00177-TSZCalifornia272 words

Opinion

Lead Opinion

MEMORANDUM **

Mario Valencia-Alvarez appeals the judgment of conviction following his guilty plea, and his 210-month sentence for conspiracy to distribute heroin and cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Valencia-Alvarez first contends that his guilty plea is invalid because the district court violated Federal Rule of Criminal Procedure 11 by not advising him of the applicable Sentencing Guideline range. Valencia-Alvarez’s contention is precluded by this court’s precedent. See United States v. Turner, 881 F.2d 684, 687 (9th Cir.1989) (concluding that a sentencing court is not required to inform a defendant of the applicable Sentencing Guidelines range during the guilty-plea colloquy), overruled on other grounds, United States v. Rodriguez-Razo, 962 F.2d 1418, 1424-25 (9th Cir.1992).

Valencia-Alvarez also contends that the upward enhancement for possession of a weapon under U.S.S.G. § 2Dl.l(b)(l) is not supported by sufficient evidence. The district court did not err in applying the enhancement because the evidence established that Valencia-Alvarez knew a gun was in his bedroom dresser, along…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.