Cardenas-Diaz

MEMORANDUM **

Defendant Jose Antonio Cardenas-Diaz appeals his sentence on the basis that it violated his Sixth Amendment rights under Blakely v. Washington, 542 U.S. 296 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004); and, if not, that his sentence should be vacated and remanded under United States v. Booker, 543 U.S. 220 ,-, 125 S.Ct. 738, 765 , 160 L.Ed.2d 621 (2005). For the reasons set forth below, the sentence is affirmed.

I. Background

Cardenas-Diaz was charged with conspiracy to sell, and possession with the intent to distribute, almost four kilograms (more than 500 grams) of methamphetamine in violation of 21 USC §§ 841 and 846. He pled guilty to the charges without a plea agreement and was sentenced to 120 months in prison. The 120-month prison term was the statutory mandatory minimum for a conviction with a quantity greater than 500 grams of methamphetamine. See 21 USC § 841 (b)(1)(A)(viii) (2002).

*960 II. Discussion

Neither of Cardenas-Diaz’s bases of appeal was raised below. Therefore, to “warrant relief the error must constitute plain error.... An error is plain if it is ‘contrary to established law at the time of appeal.’ ” United States v. Ameline, 409 F.3d 1073,…