Acosta
United States v. Acosta
Opinion
Lead Opinion
MEMORANDUM **
Defendant and appellant Jaime Pena Acosta is currently serving a 168-month sentence imposed by the district court after he pled guilty to one count of possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(A)(viii), and one count of importation of methamphetamine, in violation of 21 U.S.C. §§ 952 (a), 960(a)(1) and 960(b)(1)(H). Although we find no merit in Acosta’s arguments on appeal, we remand for reconsideration of the sentence pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc).
Acosta challenges on Sixth Amendment grounds the district court’s determination of the amount of drugs possessed, which it used to calculate the base offense level under the Sentencing Guidelines. But at his change of plea hearing, Acosta agreed with the Government’s allegation of the quantity of drugs possessed. The district court committed no error in relying upon Acosta’s own admissions to determine the appropriate Guidelines range. 1 *757 See, e.g., United States v. Booker, 543 U.S. 220, 244 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005) (reaffirming that facts necessary to support a sentence higher than the…