Mascoto

MEMORANDUM **

Defendant Russell Gordon Mascoto appeals the sentence that he received for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), after pleading guilty.

Defendant entered into a plea agreement in which he admitted that he possessed 226 grams of pure methamphetamine, stated that he understood the penalty included a prison term of 10 years to life, and “knowingly waive[d]” his right to appeal any sentence within the statutory maximum “on any ground whatever, in exchange for the concessions made by the prosecution.” He preserved, however, the right to file a later habeas petition for ineffective assistance of counsel and the right to appeal any upward departure under the federal sentencing guidelines.

*820 After ascertaining that the plea was knowing and voluntary, the district court sentenced Defendant to 87 months’ imprisonment, applying no upward departure. The government appealed on the ground that a 10-year mandatory minimum applied under 21 U.S.C. § 841 (b)(1)(A) because the amount of methamphetamine was over 50 grams. In a previous memorandum disposition, we agreed; we vacated the sentence and remanded for resentencing.…