United States of America v. Frank Nicholas Pellegrino

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
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRANK NICHOLAS PELLEGRINO,
Defendant - Appellant.
No. 08-10500
D.C. No. 2:03-cr-00804-DGC
MEMORANDUM*
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
FILED
JAN 06 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JC/Research 08-10500 2
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.

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