Mennen

United States v. Mennen

Good Law
176 F. App'x 813
United States Court of Appeals for the Ninth CircuitApril 18, 2006No. 05-30339, 05-30353California465 words

Opinion

Lead Opinion

MEMORANDUM *

The government appeals the 18-month sentences Keith Mennen and Trevor Harris (“Appellees”) received after their guilty plea convictions for conspiracy to possess with intent to distribute 100 kilograms or more of marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The government contends that the district court erred in holding Appellees accountable at sentencing for the amount of marijuana each man carried across the U.S.-Canada border rather than for the total amount of marijuana carried by all of the men with whom Appellees crossed the border. We disagree. 2 As an initial mat *815 ter, the district court acted within its discretion in rejecting the stipulation in Appellees’ plea agreements that Appellees’ jointly undertaken involvement in the conspiracy involved 235.32 kilograms of marijuana. See U.S.S.G. § 6B1.4(d) (“The court is not bound by the stipulation, but may ... determine the facts relevant to sentencing.”); United States v. Howard, 894 F.2d 1085 , 1089 n. 2 (9th Cir.1990).

Further, the court did not err in finding that the conspiracies for which Mennen and Harris were…

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