U.S. Court of Appeals for the Ninth Circuit, 2016

United States v. John Fleischauer

United States v. John Fleischauer
U.S. Court of Appeals for the Ninth Circuit · Decided December 21, 2016 · Wallace, Leavy, Fisher
671 F. App'x 691

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.

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