Zamora-Alvarez

MEMORANDUM **

Gerardo Zamora-Alvarez appeals the sentence imposed on June 24, 2005, following his jury conviction for Conspiracy to Distribute Methamphetamine, Possession With Intent to Distribute Methamphetamine, and Distribution of Methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1), (b)(1), and 846. The district court determined that the quantity of methamphetamine attributable to Zamora-Alvarez was 2.1 kilograms — resulting in a base offense level of 34 and an advisory guidelines sentence range of 151 to 188 months — and sentenced him to a 151-month term of imprisonment. On appeal, Zamora-Alvarez argues that the district court erred in: (1) relying on the drug quantity calculation set forth in the Pre-Sentence Report (“PSR”) rather than the jury’s special verdict findings as to the drug amount, and (2) applying a preponderance of the evidence standard of proof to determine the drug quantity, rather than a clear and convincing evidence standard.

Zamora-Alvarez’s first claim is foreclosed by United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), which held that there is no Sixth Amendment violation where, as is the case here, the Guidelines are…