Toelupe
United States v. Toelupe
Opinion
Lead Opinion
MEMORANDUM *
Packward Kaleilani Toelupe, a.k.a. “Pupi,” appeals an order on remand issued by the district court. In a prior appeal, we affirmed Toelupe’s conviction and sentence for violations of 21 U.S.C. § 841 (a)(1) stemming from his involvement in a methamphetamine distribution network. See United States v. Domingo (“Toelupe I”), 101 Fed.Appx. 686, 689-91 (9th Cir.2004). We later remanded to the district court, however, for reconsideration of his sentence in light of United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc). After reconsideration, the district court adhered to its original sentencing determination and reimposed Toelupe’s original sentence. Toelupe appealed, arguing that he is entitled to a vacated sentence and an entirely new sentencing hearing, rather *810 than a limited Ameline review. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm.
Toelupe contends in this appeal that the district court erred in conducting a limited review of his sentence pursuant to Ameline . Rather, according to Toelupe, his sentence should have been vacated and remanded pursuant to United States v. Beng-Salazar, 452 F.3d 1088 (9th Cir.…