United States v. Uriel Rivera

FILED
NOT FOR PUBLICATION SEP 21 2012

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. 11-50319

Plaintiff - Appellee, D.C. No. 3:10-cr-03310-BTM

v.
MEMORANDUM *
URIEL ULYSES RIVERA,

Defendant - Appellant.

Appeal from the United States District Court
for the Southern District of California
Barry T. Moskowitz, Chief Judge, Presiding

Submitted September 10, 2012 **

Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.

Uriel Ulyses Rivera appeals from the 120-month sentence imposed

following his guilty-plea conviction for conspiracy to import heroin, in violation of

21 U.S.C. §§ 952, 960, and 963. We have jurisdiction under 28 U.S.C. § 1291, and

*
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).
we affirm.

Rivera contends that the district court erred by imposing a 120-month

mandatory minimum sentence following his guilty plea to conspiracy to import a

controlled substance because he did not have knowledge that the controlled

substance was heroin or of the quantity of heroin involved. As Rivera concedes,

this argument is foreclosed by United States v. Carranza, 289 F.3d 634, 644 (9th

Cir. 2002). We decline Rivera’s request that we call for en banc review to

reconsider our precedent on this issue.

AFFIRMED.

2 11-50319