United States v. John Fleischauer

671 F. App'x 691

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 21, 2016
• Docket: 16-10057
• Status: Unpublished

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.

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.