Perez

United States v. Perez

Good Law
146 F. App'x 84
United States Court of Appeals for the Ninth CircuitJuly 14, 2005No. 04-10138California123 words

Lead Opinion

MEMORANDUM ***

We affirm the conviction because the evidence sufficiently supports the jury’s finding that Perez was involved in a conspiracy to possess and distribute marijuana:

For the first time on appeal, Perez argues that he is entitled to be resentenced because the district court enhanced his sentence based on factors not found by the jury. In accordance with this court’s decision in United States v. Ameline, 409 F.3d 1073 (9th Cir.2005), we remand the ease to the district court for the limited purpose of assessing the existence of plain error.

CONVICTION AFFIRMED; SENTENCE REMANDED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir. Rule 36-3.