Pena

MEMORANDUM **

Angel Peña appeals the sentence imposed after he pleaded guilty to violating 21 U.S.C. §§ 841 and 846, conspiring to distribute methamphetamine. Peña received the mandatory minimum ten-year sentence provided by § 841(b)(1)(A) because the conspiracy related to possession of more than 50 grams of methamphetamine. 1 Peña argues that the district *590 court erred in sentencing him because (1) he did not admit that the amount of drugs was more than 50 grams, (2) the court should have treated the statutory minimum as advisory, and (3) the court failed to consider factors required by 18 U.S.C. § 3553 (a). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Peña’s assertion that he never admitted to the amount of drugs involved is not supported by the record. Although Peña initially stated that he did not know how much methamphetamine there was, when the court asked if “the conspiracy related to 298 grams of ... methamphetamine,” Peña responded Wes.” Because the conspiracy related to more than 50 grams of methamphetamine, by Peña’s admission, the court properly determined the minimum sentence to be ten years.

Peña next argues that United States…