United States of America, Plaintiff-appellee, v. Ramon Estrada-estrada, Defendant-appellant, 129 F.3d 128 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 129 F.3d 128 (9th Cir. 1997) Submitted Oct. 20, 1997. **Decided Oct. 23, 1997

Appeal from the United States District Court for the District of Oregon Robert E. Jones, District Judge, Presiding

Before THOMPSON, T.G. NELSON and KLEINFELD, Circuit Judges.

MEMORANDUM^*

Ramon Estrada-Estrada appeals his sentence for his guilty plea conviction to attempting to obtain contraband in prison in violation of 18 U.S.C. §§ 1791(a) (2) and (b) (1). Estrada's sole contention is that the district court erred in sentencing him at the upper end of the guideline range. "Purely discretionary decisions authorized by the Guidelines, such as ... the choice of sentence within the guideline range, are not reviewable on appeal." United States v. Khaton, 40 F.3d 309, 311 (9th Cir. 1994). Accordingly, the district court is

AFFIRMED.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

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