United States v. Isaih Veytia

407 F. App'x 248

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 5, 2011
• Docket: 10-50027
• Status: Unpublished

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 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.