Opinion
No. 06-30144.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed September 24, 2008.
Michael Joseph Fica, Esq., Office of the U.S. Attorney, Pocatello, ID, Anthony G. Hall, Esq., Office of the U.S. Attorney, Boise, ID, for Plaintiff-Appellee.
Manuel T. Murdoch, Esq., Parmenter Associates, Blackfoot, ID, for Defendant-Appellant.
Appeal from the United States District Court for the District of Idaho, B. Lynn Winmill, District Judge, Presiding. D.C. No. CR-04-00243-3-BLW.
Before: TASHIMA, SILVERMAN, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jose Luis Madrigal-Chavez appeals from the 293-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Madrigal-Chavez contends that the district court clearly erred in determining the drug quantity to be used in calculating the Guideline range. We hold that the district court did not clearly err when it determined that Madrigal-Chavez distributed 19 ounces of methamphetamine on October 25, 2004. See United States v. Kilby, 443 F.3d 1135, 1140-41 (9th Cir. 2006). We also hold that the district court did not clearly err when it held Madrigal-Chavez responsible for the methamphetamine distributed by co-conspirators to confidential informants. See id. AFFIRMED.