United States v. Isaih Veytia

U.S. Court of Appeals for the Ninth Circuit
United States v. Isaih Veytia, 407 F. App'x 248 (9th Cir. 2011)
Goodwin, Wallace, Clifton

United States v. Isaih Veytia

Opinion

MEMORANDUM **

Isaih Veytia appeals from the 96-month sentence imposed following his guilty-plea conviction for importation of cocaine, in violation of 21 U.S.C. §§ 952, 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Veytia contends that, when imposing a sentence below the statutory mandatory minimum, the district court erred by determining that the government’s substan *249 tial assistance motion under 18 U.S.C. § 3553(e) permitted it to consider only the factors set forth in section 3553(e) and not the factors set forth in 18 U.S.C. § 3553(a). Veytia contends that this determination conflicts with Kimbrough v. United States, 552 U.S. 85, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), and leads to a sentence that violates the parsimony principle. These contentions are foreclosed. See United States v. Jackson, 577 F.3d 1032, 1035-36 (9th Cir. 2009).

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Isaih VEYTIA, Defendant—Appellant
Cited By
1 case
Status
Unpublished