Pajardo

MEMORANDUM **

Joseph Pajardo pleaded guilty to four drug-related offenses under 21 U.S.C. §§ 841 , 843 and 846. Pajardo appeals his sentence on two grounds. First, he claims that his sentence violated United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), because the facts related to drug amounts and firearm possession were not admitted or proven beyond a reasonable doubt. Pajardo also claims that the district court erred in denying his motion for downward departure for coercion.

Pajardo pleaded guilty to three violations of 21 U.S.C. § 841 (a) (defining drug offenses), involving “more than 50 grams” of methamphetamine, in violation of 21 U.S.C. § 841 (b) (establishing broad penalty categories based upon drug quantities involved in the offense). In determining the Sentencing Guidelines range, the district court found that approximately 3000 grams were actually involved. Pajardo contends that his sentence should have been based only on the 150 gram drug quantity that he pleaded guilty to possessing, and not the 3000 grams.

We decline Pajardo’s request that we vacate and remand his sentence, but agree, as the government concedes, that he is entitled to a…