USA V. JOHN FLEISCHAUER, No. 16-10057 (9th Cir. 2016)
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FILED DEC 21 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-10057 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
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