Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Defendant entered guilty plea in the United States District Court for the District of Montana Jack D. Shanstrom, J., to conspiracy to possess marijuana with the intent to distribute and possession of marijuana with the intent to distribute. He appealed his 30-month sentence. The Court of Appeals held that imposing sentence, which fell at the higher end of range stipulated by the parties in plea agreement, was not error.
Affirmed.
Appeal from the United States District Court for the District of Montana Jack D. Shanstrom, District Judge, Presiding.
Before KOZINSKI, T.G. NELSON, and TALLMAN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Federal prisoner Rodrigo Prieto-Moreno appeals the thirty month sentence imposed after his guilty-plea conviction of conspiracy to possess marijuana with the intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and possession of marijuana with the intent to distribute, in violation of 21 U.S.C. § 841. We have jurisdiction pursuant to 28 U.S.C. § 1291, and affirm.
Prieto-Moreno contends the district court erred in denying his request for a two-level reduction to his offence level for being a minor participant. We review the district court's construction of a plea agreement for clear error. See United States v. Fernandez, 960 F.2d 771, 772 (9th Cir.1992) (per curiam). Prieto-Moreno's contention is without merit. As Prieto-Moreno's sentence fell within the range stipulated by the parties to the plea agreement, the district court did not err by sentencing him at the higher end of that
Page 463.
range. See Fernandez, 960 F.2d at 773; Fed.R.Crim.P. 11(e)(1)(C).
AFFIRMED.