United States v. Frank Pellegrino

FILED
NOT FOR PUBLICATION JAN 06 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 08-10500
Plaintiff - Appellee, D.C. No. 2:03-cr-00804-DGC
v.
FRANK NICHOLAS PELLEGRINO, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Frank Nicholas Pellegrino appeals from the 120-month sentence imposed
following his guilty-plea conviction for conspiracy to possess with intent to
distribute 1000 kilograms or more of marijuana and conspiracy to commit money
*
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).
JC/Research
laundering, in violation of 18 U.S.C. § 1956(a)(1)(A)(i), (h), and 21 U.S.C.
§§ 841(a)(1), (b)(1)(A)(vii), and 846. We have jurisdiction pursuant to 28 U.S.C.
§ 1291, and we affirm.
Pellegrino contends the district court erred by determining that the ten-year
statutory minimum sentence under § 841(b)(1)(A) trumped the sentencing
principles set forth in 18 U.S.C. § 3553(a). Pellegrino waived this contention by
agreeing to a ten-year statutory minimum sentence, and declining the district
court’s invitation to prepare supplemental briefing on the issue. See United States
v. Olano, 507 U.S. 725, 733 (1993).
AFFIRMED.
JC/Research 2 08-10500