United States v. Frank Pellegrino

U.S. Court of Appeals for the Ninth Circuit
United States v. Frank Pellegrino, 361 F. App'x 796 (9th Cir. 2010)
Goodwin, Wallace, Fisher

United States v. Frank Pellegrino

Opinion

MEMORANDUM **

Frank Nicholas Pellegrino appeals from the 120-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute 1000 kilograms or more of marijuana and conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(a)(1)(A)(i), (h), and 21 U.S.C. §§ 841(a)(1), (b)(l)(A)(vii), and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Pellegrino contends the district court erred by determining that the ten-year statutory minimum sentence under § 841(b)(1)(A) trumped the sentencing principles set forth in 18 U.S.C. § 3553(a). Pellegrino waived this contention by agreeing to a ten-year statutory minimum sentence, and declining the district court’s invitation to prepare supplemental briefing on the issue. See United States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993).

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Frank Nicholas PELLEGRINO, Defendant—Appellant
Status
Unpublished