Garcia-Cortez
United States v. Garcia-Cortez
Opinion
Lead Opinion
MEMORANDUM **
Juan Garcia-Cortez appeals from the 168-month sentence imposed after his guilty-plea conviction for conspiracy to possess and distribute pseudoephedrine, knowing and having reasonable cause to believe that the pseudoephedrine would be used to manufacture methamphetamine, in violation of 21 U.S.C. § 846 . We have jurisdiction under 28 U.S.C. § 1291 and affirm.
Garcia-Cortez contends that retroactive application of the remedial portion of United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), violated his due process rights and the ex post facto clause. Both contentions are foreclosed by United States v. Dupas, 419 F.3d 916, 920-21, 924 (9th Cir.2005), and United States v. Staten, 450 F.3d 384, 388 (9th Cir.2006).
Garcia-Cortez further contends the district court clearly erred by attributing to him the entire amount of pseudoephedrine seized by investigators. The court reasonably determined from telephone calls between Garcia-Cortez and his associates and from proffered admissions by a co-defendant that Garcia-Cortez agreed to purchase the entire amount. See United States v. Asagba, 77 F.3d 324, 326 (9th Cir.1996). Accordingly, it was not…