Ramirez-Arellano

United States v. Ramirez-Arellano

Good Law
161 F. App'x 730
United States Court of Appeals for the Ninth CircuitJanuary 13, 2006No. 04-10204; D.C. No. CR-03-00254-1-LRHCalifornia247 words

Opinion

Lead Opinion

MEMORANDUM **

Apolinar Ramirez-Arellano appeals from the 120-month mandatory minimum sentence imposed following his guilty plea *731 conviction for distribution of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1) and (b)(1)(B)(viii), and possession of methamphetamine with intent to distribute, in violation of § 841(a)(1) and (b)(1)(A)(viii). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Ramirez-Arellano appeals solely to preserve his contention that the mandatory minimum sentence provisions of 21 U.S.C. § 841 are unconstitutional. As appellant acknowledges, we must reject his challenge to the statutory mandatory minimum sentences under our existing case law. See, e.g., United States v. Linn, 880 F.2d 209, 217 (9th Cir.1989) (holding section 841’s mandatory minimum sentencing scheme does not violate due process, equal protection, or separation of powers doctrine).

Because Ramirez-Arellano was sentenced to the statutory mandatory minimum, he cannot argue that his substantial rights were affected under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). See United States v. Dare, 425 F.3d 634, 643 (9th Cir.2005).

This court…

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