U.S. v. Sanchez-Rodriguez

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Onofre SANCHEZ-RODRIGUEZ…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 22, 2002

31 F. App'x 430 (9th Cir. 2002)

Opinion

31 Fed.Appx. 430 (9th Cir. 2002) UNITED STATES of America, Plaintiff-Appellee, v. Onofre SANCHEZ-RODRIGUEZ, aka Luis Angel Deanda-Contreras, Defendant-Appellant. No. 01-30182.

Page 431.

D.C. No. CR-00-00132-BLW. United States Court of Appeals, Ninth Circuit. February 22, 2002

Submitted February 11, 2002. ^*

* This 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NOT FOR PUBLICATION.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)

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding.

Before B. FLETCHER, T.G. NELSON and TALLMAN, Circuit Judges.

MEMORANDUM ^**

** 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 Ninth Circuit Rule 36-3.

Onofre Sanchez-Rodriguez appeals his conviction for two counts of drug possession and/or distribution in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A) and 18 U.S.C. § 2. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Sanchez contends that his convictions pursuant to 21 U.S.C. §§ 841(a)(1) & (b)(1)(A) are unconstitutional because the statute allows a district court to impose a sentence above the statutory maximum on the basis of a drug quantity finding that was not submitted to a jury. This argument is foreclosed by this Court's recent en banc decision in (United States v. Buckland, 277 F.3d 1173 (9th Cir.2002)) (en banc).

AFFIRMED.