Opinion
No. 11-50319 D.C. No. 3:10-cr-03310-BTM
09-21-2012
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. URIEL ULYSES RIVERA, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Southern District of California
Barry T. Moskowitz, Chief Judge, Presiding
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Uriel Ulyses Rivera appeals from the 120-month sentence imposed following his guilty-plea conviction for conspiracy to import heroin, in violation of 21 U.S.C. §§ 952, 960, and 963. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rivera contends that the district court erred by imposing a 120-month mandatory minimum sentence following his guilty plea to conspiracy to import a controlled substance because he did not have knowledge that the controlled substance was heroin or of the quantity of heroin involved. As Rivera concedes, this argument is foreclosed by United States v. Carranza, 289 F.3d 634, 644 (9th Cir. 2002). We decline Rivera's request that we call for en banc review to reconsider our precedent on this issue.
AFFIRMED.