Quintero
United States v. Quintero
Opinion
lead Opinion
MEMORANDUM ***
Miguel Quintero appeals the 235-month sentence imposed following his guilty-plea conviction for (1) conspiracy to manufacture, possess, and distributé at least 500 grams of methamphetamine in violation of 21 U.S.C. § 846 , and (2) possession with intent to distribute 10,200 grams of methamphetamine in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a).
Quintero claims that the district court erred in imposing his sentence, and he seeks a remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). Quintero contends that the district court committed nonconstitutional Booker error by imposing the sentence under a mandatory sentencing regime without adequate consideration of all the factors listed in 18 U.S.C. § 3553 (a). See United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005). The claim of noncon-stitutional Booker error is reviewed for plain error. United States v. Knows His Gun, 438 F.3d 913, 918 (9th Cir.2006).
In order to comply with the requirements of Booker , “the district court must have sufficiently considered the [Sentencing] Guidelines as well as the…