U.S. v. Bojorquez-Soto

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Luis Enrique…

Court: United States Court of Appeals, Ninth Circuit

Date published: Oct 27, 2009

350 F. App'x 121 (9th Cir. 2009)

Opinion

No. 08-10473.

Submitted October 13, 2009^_.

_ The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed October 27, 2009.

Patrick T. Barry, Esquire, Assistant U.S., USTU — Office of the U.S. Attorney, Tucson, AZ, for Plaintiff-Appellee.

Francisco Leon, Esquire, Tucson, AZ, for Defendant-Appellant.

Appeal from the United States District Court for the District of Arizona, Cindy K. Jorgenson, District Judge, Presiding. D.C. No. 4:07-CR-01256-CKJ.

Before: B. FLETCHER, LEAVY, and RYMER, Circuit Judges.

MEMORANDUM^__

__ This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Luis Enrique Bojorquez-Soto appeals from the 87-month sentence imposed following his guilty-plea conviction for possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(ii)(II). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Bojorquez-Soto contends that the district court violated Federal Rule of Criminal Procedure 32 by failing to rule on a disputed fact in the presentence report. The record reflects that the district court sufficiently resolved the dispute. See United States v. Karterman, 60 F.3d 576, 583 (9th Cir. 1995).

AFFIRMED.