Sanchez

MEMORANDUM **

Hector Altamiran Sanchez appeals his sentence of 135 months of imprisonment, which the district court imposed after a jury convicted Sanchez of conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 846 , and possession of more than 50 grams of methamphetamine with intent to distribute, in violation of 21 U.S.C. 841(a)(1). Sanchez claims that the district court violated his Sixth Amendment jury trial right because it adopted a base offense level under the United States Sentencing Guidelines based on a fact (the quantity of drugs) found by the judge and not the jury. We affirm the judgment of sentence of the district court.

“Other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.” Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). On the other hand, a fact that increases the penalty, but not beyond the statutory maximum, need not be found by a jury. Under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), the Sentencing Guidelines are advisory rather…