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United States v. Davis

*fn* submitted: December 6, 1993.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
RODERIC KNOEL DAVIS, DEFENDANT-APPELLANT.



Appeal from the United States District Court for the District of Oregon. D.C. No. CR-92-40-3-JAR. James A. Redden, District Judge, Presiding

Before: Sneed, Noonan, and Trott, Circuit Judges.

MEMORANDUM

Roderic Knoel Davis appeals his 60-month sentence imposed following a guilty plea to manufacturing marijuana in violation of 21 U.S.C. § 841(a)(1). Davis argues the district court erred by imposing the mandatory minimum sentence under section 841(b) because the government did not allege the drug quantity in the indictment or other pleading. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We have previously considered and rejected similar arguments. See United States v. Arias-Villanueva, 998 F.2d 1491, 1510 (9th Cir.) (no requirement that drug quantity be alleged in the indictment for enhancement penalties "because quantity is not an element of § 841(a) and is therefore relevant . . . only at sentencing under § 841(b)"), cert. denied, 114 S. Ct. 359 (1993); see also United States v. Sotelo-Rivera, 931 F.2d 1317, 1319 (9th Cir. 1991) (drug quantity is relevant only to penalty provisions of section 841 and is a matter for the sentencing court), cert. denied, 117 L. Ed. 2d 428, 112 S. Ct. 1186 (1992). Accordingly, Davis' argument must fail.

AFFIRMED.

Disposition

AFFIRME ...


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