United States v. Richard Ichihara

FILED NOT FOR PUBLICATION JUN 22 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 09-10280 Plaintiff - Appellee, D.C. No. 1:08-cr-00020-FMTG-1 v. MEMORANDUM * RICHARD JOHN ICHIHARA, Defendant - Appellant. Appeal from the United States District Court for the District of Guam Frances M. Tydingco-Gatewood, Chief District Judge, Presiding Submitted May 25, 2010 ** Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges. Richard John Ichihara appeals from the 30-year sentence imposed following his guilty-plea conviction for continuing criminal enterprise, in violation of 21 U.S.C. § 848 (a),(b) &(s), conspiracy to distribute more than 50 grams net weight * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). of methamphetamine hydrochloride, in violation of 21 U.S.C. §§ 841(a)(1) and 846, and money laundering, in violation of 21 U.S.C. § 956(a)(1)(B)(I). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Ichihara contends that the district court erred when it imposed a two-level enhancement for importation of methamphetamine pursuant to U.S.S.G. § 2D1.1(b)(4). The record reflects that Ichihara admitted to knowingly importing methamphetamine, and we therefore conclude that the district court did not err. See U.S.S.G. § 2D1.1(b)(4). AFFIRMED. 2 09-10280