United States v. John Fleischauer , 671 F. App'x 691 ( 2016 )

FILED
NOT FOR PUBLICATION DEC 21 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-10057
Plaintiff-Appellee, D.C. No. 1:15-cr-00225-SOM
v.
MEMORANDUM*
JOHN FLEISCHAUER,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Hawaii
Susan Oki Mollway, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
John Fleischauer appeals from the district court's judgment and challenges
the 120-month mandatory minimum sentence imposed following his guilty-plea
conviction for one count of conspiracy to distribute and possess with intent to
distribute one kilogram of heroin, in violation of 21 U.S.C. §§ 841(a)(1),
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
(b)(1)(A)(i), and 846; and one count of conspiracy to conduct money laundering in
violation of 18 U.S.C. §§ 1956(a)(1)(A)(i), (h). We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Fleischauer contends that the district court erred in determining that he was
subject to a 120-month mandatory minimum sentence. We disagree. The record
shows that Fleischauer admitted responsibility for “at least one kilogram” of heroin
during his change of plea hearing, which triggered the 120-month mandatory
minimum contained in section 841(b)(1)(A)(i). See 21 U.S.C. § 841(b)(1)(A)(i);
United States v. Jefferson, 791 F.3d 1013, 1016 (9th Cir. 2015).
AFFIRMED.
2 16-10057