Zavaleta

MEMORANDUM *

Zavaleta pled guilty to a single count of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1) and was sentenced to 120 months imprisonment. He now appeals his sentence on the ground that the application of a statutory minimum sentence based on an uncharged and unproven quantity of drugs violated his Sixth Amendment rights. We have jurisdiction under 28 U.S.C. § 1291 and remand for resentencing.

Since Zavaleta did not raise his Sixth Amendment claims in district court, we review the district court’s sentencing decision for plain error. United States v. Ameline, 409 F.3d 1073, 1078 (9th Cir.2005) (en banc); United States v. Buckland, 289 F.3d 558, 563 (9th Cir.2002) (en banc). “Plain error is (1) error, (2) that is plain, and (3) that affects substantial rights.” Ameline, 409 F.3d at 1078 (internal quotation omitted). We will notice a forfeited error meeting these three conditions only if the error “(4) ‘seriously affects the fairness, integrity, or public reputation of judicial proceedings.’” Id. (quoting United States v. Cotton, 535 U.S. 625, 631 , 122 S.Ct. 1781 , 152 L.Ed.2d 860 (2002)).

*856 In his plea colloquy, Zavaleta admitted…