Lopez

United States v. Lopez

Good Law
185 F. App'x 659
United States Court of Appeals for the Ninth CircuitJune 19, 2006No. 05-30502California216 words

Opinion

Lead Opinion

MEMORANDUM **

Sylvia Hope Lopez appeals from her 60-month prison sentence imposed following her guilty plea to possessing a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Lopez contends the district court erred in finding it lacked discretion to impose a sentence below the five-year mandatory minimum sentence provided in 18 U.S.C. § 924 (c)(1)(A)®. Specifically, she argues that statutorily mandated minimum sentences violate due process by depriving the sentencing court of its ability to consider individualized mitigating circumstances to the extent such circumstances may warrant a sentence below the minimum. We rejected this claim in United States v. Kidder, 869 F.2d 1328, 1334-35 (9th Cir. 1989) (rejecting argument that a statutory mandatory minimum sentence is “unconstitutional because it unduly restricts the sentencing judge’s ability to impose an individualized sentence”). Because United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), “does not *660 bear on mandatory mínimums,” United States v. Cardenas, 405 F.3d 1046, 1048 (9th Cir.2005),…

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