USA v. Francisco Oropeza, No. 10-30178 (9th Cir. 2011)

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FILED FEB 23 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 10-30178 D.C. No. 1:09-cr-00102-BLW v. MEMORANDUM * FRANCISCO OROPEZA, Defendant - Appellant. Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief District Judge, Presiding Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Francisco Oropeza appeals from the sentence of 84 months and one day imposed following his guilty-plea conviction for drug trafficking conspiracy and distribution offenses, in violation of 21 U.S.C. §§ 841 and 846; and his jury-trial conviction for brandishing a firearm in furtherance of a drug trafficking crime, in * 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). violation of 18 U.S.C. § 924(c)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Oropeza contends that the district court erred in concluding that it could not impose a sentence below the statutory minimum because, through the enactment of 18 U.S.C. § 3553(a), Congress repealed by implication the mandatory minimum sentencing provisions of § 924(c)(1). Oropeza s contention is foreclosed by United States v. Wipf, 620 F.3d 1168 (9th Cir. 2010). AFFIRMED. 2 10-30178

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