United States of America v. John Fleischauer

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JOHN FLEISCHAUER,
Defendant-Appellant.
No. 16-10057
D.C. No. 1:15-cr-00225-SOM
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
Susan Oki Mollway, District Judge, Presiding
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
John Fleischauer appeals from the district court's judgment and challenges
the 120-month mandatory minimum sentence imposed following his guilty-plea
conviction for one count of conspiracy to distribute and possess with intent to
distribute one kilogram of heroin, in violation of 21 U.S.C. §§ 841(a)(1),
FILED
DEC 21 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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(b)(1)(A)(i), and 846; and one count of conspiracy to conduct money laundering in
violation of 18 U.S.C. §§ 1956(a)(1)(A)(i), (h). We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Fleischauer contends that the district court erred in determining that he was
subject to a 120-month mandatory minimum sentence. We disagree. The record
shows that Fleischauer admitted responsibility for “at least one kilogram” of heroin
during his change of plea hearing, which triggered the 120-month mandatory
minimum contained in section 841(b)(1)(A)(i). See 21 U.S.C. § 841(b)(1)(A)(i);
United States v. Jefferson, 791 F.3d 1013, 1016 (9th Cir. 2015).
AFFIRMED.
16-10057 2

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