FILED
NOT FOR PUBLICATION JAN 05 2011
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. 10-50027
Plaintiff - Appellee, D.C. No. 3:09-cr-03145-JLS
v.
MEMORANDUM *
ISAIH VEYTIA,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Janis L. Sammartino, District Judge, Presiding
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
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.
*
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).
Veytia contends that, when imposing a sentence below the statutory
mandatory minimum, the district court erred by determining that the government’s
substantial 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 (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.
2 10-50027