United States v. Sandeep Singh

473 F. App'x 593

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 18, 2012
• Docket: 11-10288
• Status: Unpublished

Opinion

MEMORANDUM **

Sandeep Singh appeals from the 168-month sentence imposed following his guilty-plea conviction for conspiracy to distribute MDMA, in violation of 21 U.S.C. §§ 846, 841(a)(1) and 841(b)(1)(c). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Singh contends that the district court erred in calculating the advisory Guidelines range by relying on the testimony of a co-defendant to determine Singh’s relevant conduct and to establish his base offense level. The district court did not clearly err, because its factual finding regarding the number of ecstasy pills for which Singh was responsible is supported by a preponderance of the evidence. See United States v. Asagba, 77 F.3d 324, 325-26 (9th Cir.1996). The district court adequately explained its decision, and the sentence imposed is procedurally sound. See United States v. Carty, 520 F.3d 984, 992-93 (9th Cir.2008) (en banc).

AFFIRMED.

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