United States of America, Plaintiff-appellee, v. Lisa Marie Dunbar, Defendant-appellant, 996 F.2d 1228 (9th Cir. 1993)

MEMORANDUM^** 

Lisa Marie Dunbar appeals her sentence imposed following her guilty plea to manufacturing methamphetamine in violation of 21 U.S.C. § 841(a) (1). We have jurisdiction under 28 U.S.C. § 1291, and affirm.

Dunbar argues that the district court erred by sentencing her to the mandatory minimum ten-year sentence under 21 U.S.C. § 841(b) (4) (1) (A) (Viii) because the quantity of methamphetamine necessary to trigger the ten-year minimum sentence was not alleged in the indictment. This argument is foreclosed by our recent decision in United States v. Sotelo-Rivera, 931 F.2d 1317, 1319 (9th Cir. 1991), cert. denied, 112 S. Ct. 1186 (1992). ("Section 841(a) does not specify drug quantity as an element of the substantive offense of possession with intent to distribute; quantity is instead relevant to the penalty provisions of section 841(b), and is a matter for the district court at sentencing.")

AFFIRMED.