Contreras-Bracamonte

United States v. Contreras-Bracamonte

Good Law
338 F. App'x 620
United States Court of Appeals for the Ninth CircuitJune 30, 2009Nos. 08-10098, 08-10138California690 words

Opinion

Lead Opinion

*621 MEMORANDUM *

Ramon Martinez-Diaz and Samuel Contreras-Bracamonte (collectively “Appellants”) appeal their thirty-six month sentences, imposed following their guilty pleas to possession with intent to distribute marijuana and conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 846 , 841(a)(1) & (b)(1)(B)(vii). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

The district court did not err in finding that Appellants were responsible for the entire quantity of marijuana found in the trailer. 1 See United States v. Cabaccang, 481 F.3d 1176, 1182 (9th Cir.) (reviewing the district court’s factual findings for clear error), cert. denied, 552 U.S. 905 , 128 S.Ct. 240 , 169 L.Ed.2d 178 (2007). Nor did the district court err by treating the guidelines as mandatory — in fact, the court imposed a sentence below the guideline range. See United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir.2005) (en banc) (“A constitutional infirmity arises only when extra-verdict findings are made in a mandatory guidelines system.”). The district court properly based its drug quantity finding on the factual basis for the pleas…

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