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United States v. Sanchez-Anaya

April 24, 1998

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JOSE ARTURO SANCHEZ-ANAYA, DEFENDANT-APPELLANT.



D.C. No. CR-97-00168-RMB

Appeal from the United States District Court for the Southern District of California Rudi M. Brewster, District Judge, Presiding Submitted February 4, 1998* Pasadena, California

Before: Harry Pregerson, Cynthia Holcomb Hall and John T. Noonan, Circuit Judges.

The opinion of the court was delivered by: Noonan, Circuit Judge

FOR PUBLICATION

Opinion by Judge Noonan

SUMMARY

Jose Arturo Sanchez-Anaya appeals a sentence imposed upon him for violation of 21 U.S.C. SS 952 and 960. The sole issue is whether the district court was authorized to impose the sentence under the Sentencing Guidelines, U.S.S.G. S 3E1.1. We affirm the judgment of the district court.

FACTS AND PROCEEDINGS

On January 21, 1997 Sanchez entered into a plea agreement by which he admitted that on December 8, 1996 he had driven a car from Mexico into the United States concealing 47 pounds of marijuana. The agreement further indicated that he understood the crime carried the maximum penalty of five years in prison and that "the sentence is within the sole discretion of the sentencing Judge" who "may impose the maximum sentence provided by statute." The government agreed with Sanchez that it would jointly recommended a sentence as follows:

Base Offense Level S 4B1.116

Role-2

Acceptance of Responsibility S 3E1.1-3

On this basis of 11 points Sanchez would have been subject to a sentence between ...


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