Valadez-Soto

United States v. Valadez-Soto

Good Law
89 F. App'x 44
United States Court of Appeals for the Ninth CircuitFebruary 18, 2004No. 03-50154; D.C. No. CR-02-01880-1-NAJCalifornia1,143 words

Opinion

Lead Opinion

MEMORANDUM **

Canuto Valadez Soto (“Soto”) appeals the sentence imposed by the district court following his plea of guilty to importation of marijuana and methamphetamine, aiding and abetting, and possession of marijuana and methamphetamine. Soto contends that (1) the district court erred in applying U.S.S.G. § 2Dl.l(c), n.*(B), which required the court to determine Soto’s base offense level based upon the weight of the pure methamphetamine rather than the weight of the mixture or substance *46 containing the methamphetamine, and (2) the district court erred in denying him a minor-role downward adjustment pursuant to U.S.S.G. § 3B1.2. We reject both of these contentions, and we affirm.

A. Application of U.S.S.G. § 2Dl.l(c), n.*(B)

Soto argues that he pleaded guilty to the total amount of the methamphetamine mixture only and that the court violated Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), by determining his base offense level based on the weight of the pure methamphetamine within the mixture. We disagree.

In Apprendi , the Supreme Court held that “[ojther than the fact of a prior conviction, any fact that increases the penalty for a crime…

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