United States v. Zamora
United States v. Zamora
Opinion of the Court
MEMORANDUM
Vicente Zamora appeals the 60-month sentence imposed following his guilty-plea conviction for possession of a controlled substance with intent to distribute in violation of 21 U.S.C. §§ 841(a) and 841(b)(1)(B). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
We are not persuaded, either by Zamora’s contention that the district court committed clear error in finding that Zamora failed to qualify for the safety valve reduction, or his contention that the court failed to make the necessary factual findings in
Although Zamora’s sentence was imposed at a time when the Sentencing Guidelines were mandatory, the district court imposed the mandatory minimum under the statute, which was neither driven by the Guidelines nor exceeded the maximum authorized by the facts established by a plea of guilty. See United States v. Booker, — U.S. -, -, 125 S.Ct. 738, 756, 160 L.Ed.2d 621 (2005).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.