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UNITED STATES of America, Plaintiff-Appellee, v. Uriel Ulyses RIVERA, Defendant-Appellant

United States Court of Appeals for the Ninth Circuit2012-09-21No. No. 11-50319
481 F. App'x 344

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Opinion

majority opinion

MEMORANDUM

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 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.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.