Boconovick-Urbina
United States v. Boconovick-Urbina
Lead Opinion
MEMORANDUM **
Mario Alexander Boconovick-Urbina appeals from the 135-month sentence imposed following his guilty-plea conviction for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841 (a)(1), (b)(l)(B)(vii). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Boconovick-Urbina contends that the district court violated the Sixth Amendment when it increased his sentencing range based on facts that were neither admitted by him nor proven to a jury. This contention fails because Boconovick-Urbina was sentenced well below the statutory maximum. See United States v. Dare, 425 F.3d 634, 640-41 (9th Cir.2005).
Boconovick-Urbina also contends for the first time in his reply brief that his sentence is unreasonable. We decline to address this contention. See United States v. Puerto, 982 F.2d 1297 , 1300 n. 1 (9th Cir.1992).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.