United States of America v. Uriel Ulyses Rivera

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
URIEL ULYSES RIVERA,
Defendant - Appellant.
No. 11-50319
D.C. No. 3:10-cr-03310-BTM
MEMORANDUM*
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
FILED
SEP 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50319 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.

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