Cardenas
United States v. Cardenas
Opinion
Lead Opinion
MEMORANDUM ***
Manuel Cardenas appeals his conviction for one count of possession of pseudoephedrine, a listed chemical under the Controlled Substances Act. Cardenas argues that the district court lacked subject-matter jurisdiction to hear this case because a conviction for intrastate possession of a listed chemical is beyond the reach of Congress’ Commerce Clause power. He argues, further, that the district court erred under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), when it imposed a 210-month sentence. We reject Cardenas’ Commerce Clause challenge but remand for resentencing under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).
Because the parties are familiar with the facts, we do not recite them in detail. Cardenas was found guilty of a single count of illegal possession of pseudoephedrine, a listed chemical under 21 U.S.C. § 841 (c)(2). On May 3, the district court sentenced Cardenas to 210 months of imprisonment, a three-year term of supervised release, and a special assessment fee of $100. Cardenas filed a timely notice of appeal, and we have jurisdiction under 28 U.S.C. § 1291 .