United States of America v. Michael Anthony Peters

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NOT FOR PUBLICATION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.
MICHAEL ANTHONY PETERS,
Defendant - Appellant.
No. 09-30388
D.C. No. 9:09-cr-00023-DWM
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Donald W. Molloy, District Judge, Presiding
Submitted October 19, 2010**
Before: O’SCANNLAIN, TALLMAN, and BEA, Circuit Judges.
Michael Anthony Peters appeals from his 120-month mandatory minimum
sentence imposed following his guilty-plea conviction for conspiracy to possess
with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(b)(1)(B) and 846.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 29 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-30388 2
Peters contends that his mandatory minimum sentence is substantively
unreasonable because it is greater than necessary under 18 U.S.C. § 3553(a).
Peters’s contention is foreclosed. United States v. Wipf, No. 09-50291, 2010 WL
3398258, at *2 (9th Cir. 2010) (Section 3553 does not authorize a court to impose
a sentence below the mandatory statutory minimum.).
AFFIRMED.

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