United States of America v. Francisco Oropeza

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRANCISCO OROPEZA,
Defendant - Appellant.
No. 10-30178
D.C. No. 1:09-cr-00102-BLW
MEMORANDUM*
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
FILED
FEB 23 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-30178 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18 U.S.C. § 3553(a), Congress repealed by implication the mandatory minimum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.

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