United States v. Angel Escobar-Saballos

MEMORANDUM

Angel Olvidio Escobar Saballos appeals from the district court’s judgment and challenges the 120-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846 ; and possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1), (b)(l)(A)(viii). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Escobar Saballos contends, and the government agrees, that the district court procedurally erred by miscalculating his base offense level. We review for plain error, see United States v. Hammons, 558 F.3d 1100, 1103 (9th Cir.2009), and find no grounds for reversal. The error had no effect on Escobar Saballos’s substantial rights because the district court imposed the statutory mandatory minimum sentence. See United States v. Dallman, 533 F.3d 755, 761-62 (9th Cir.2008).

Escobar Saballos also contends that the district court erred by assigning him two criminal history points under U.S.S.G. § 4Al.l(d). We review for plain error, see Hammons, 558 F.3d at 1103 , and find none. The district court appropriately relied on the presentence report’s undisputed…