United States v. Adan Suastegui

MEMORANDUM

Adan Gomez Suastegui (“Appellant”) appeals the 120-month sentence imposed following his plea of guilty to conspiracy to manufacture marijuana in violation of 21 U.S.C. §§ 841 (b)(l)(A)(vii), 846. Specifically, Appellant challenges (1) the district court’s finding that he did not qualify for safety valve relief ( 18 U.S.C. § 3553 (f)) from the statutory mandatory minimum sentence of 120 months and (2) a two-level upward adjustment for the specific offense characteristic of possession of a firearm in connection with his offense, pursuant to U.S.S.G. § 2D1.1(b)(1). The Appellant also requests that the case be remanded to conform the written judgment to the oral pronouncement of sentence with regard to drug testing and drug rehabilitation.

We assume familiarity with the record. We affirm the district court’s sentence, but remand with instructions to conform the written judgment to the oral pronouncement of sentence.

I

Appellant pleaded guilty to violating 21 U.S.C. § 841 (b)(1)(A), conspiracy to manufacture marijuana, which provides a 120-month mandatory minimum sentence. Appellant challenges the district court’s finding that he did not qualify for safety valve relief…