United States v. John Fleischauer

U.S. Court of Appeals for the Ninth Circuit
United States v. John Fleischauer, 671 F. App'x 691 (9th Cir. 2016)
Wallace, Leavy, Fisher

United States v. John Fleischauer

Opinion

MEMORANDUM **

John Fleischauer appeals from the district court’s judgment and challenges the 120-month mandatory minimum sentence imposed following his guilty-plea conviction for one count of conspiracy to distribute and possess with intent to distribute one kilogram of heroin, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)®, and 846; and one count of conspiracy to conduct money laundering in violation of 18 U.S.C. §§ 1956(a)(1)(A)®, (h). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*692 Fleischauer contends that the district court erred in determining that he was subject to a 120-month mandatory minimum sentence. We disagree. The record shows that Fleischauer admitted responsibility for “at least one kilogram” of heroin during his change of plea hearing, which triggered the 120-month mandatory minimum contained in section 841(b)(l)(A)(i). See 21 U.S.C. § 841(b)(1)(A)©; United States v. Jefferson, 791 F.3d 1013, 1016 (9th Cir. 2015).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. John FLEISCHAUER, Defendant-Appellant
Status
Unpublished