Tovar

United States v. Tovar

Good Law
84 F. App'x 910
United States Court of Appeals for the Ninth CircuitDecember 22, 2003No. 02-50059; D.C. No. CR-97-01233-JSLCalifornia311 words

Opinion

Lead Opinion

MEMORANDUM **

Luis Tovar appeals from the district court’s judgment resentencing him to three concurrent terms of 188 months and a concurrent term of 120 months, following his guilty plea to one count each of: conspiracy to manufacture, possess, and distribute methamphetamine ( 21 U.S.C. § 846 ); possession of methamphetamine with intent to distribute ( 21 U.S.C. § 841 (a)(1)); possession of chemicals and equipment intended to be used to manufacture methamphetamine ( 21 U.S.C. § 843 (a)(6)); and conspiring to manufacture methamphetamine ( 21 U.S.C. §§ 841 (a)(1) and 846). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Tovar first contends that the district court erred at resentencing by failing to specify, according to Fed.R.Crim.P. 32, the precise amount of methamphetamine attributed to him. We review compliance with Rule 32 de novo, United States v. Herrerar-Rojas, 243 F.3d 1139, 1142 (9th Cir.2001), and disagree. The district court *911 complied with Rule 32 by determining the correct sentencing base level. See United States v. Buckland, 289 F.3d 558, 569-70 (9th Cir.2002) (en banc); see also United States v. Culps, 300 F.3d 1069, 1076 (9th Cir.2002);…

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.