United States v. Francisco Oropeza

419 F. App'x 710

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 23, 2011
• Docket: 10-30178
• Status: Unpublished

Opinion

MEMORANDUM **

Francisco Oropeza appeals from the sentence of 84 months and one day imposed following his guilty-plea conviction for drug trafficking conspiracy and distribution offenses, in violation of 21 U.S.C. §§ 841 and 846; and his jury-trial conviction for brandishing a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Oropeza contends that the district court erred in concluding that it could not impose a sentence below the statutory minimum because, through the enactment of 18 U.S.C. § 3553(a), Congress repealed by implication the mandatory minimum sentencing provisions of § 924(c)(1). Orope-za’s contention is foreclosed by United States v. Wipf, 620 F.3d 1168 (9th Cir. 2010).

AFFIRMED.

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