Court of Appeals for the Ninth Circuit February 6, 2002, No. 00-50707; D.C. No. CR-00-00334-RSWL (United States v. Topete-Hernandez)

MEMORANDUM *

REINHARDT, Circuit Judge.

On direct appeal from his plea of guilty to conspiracy to distribute heroin, Jesus Topete-Hernandez raises several challenges to his sentence. The district court sentenced Topete-Hernandez to a sentence of 108 months for violation of 21 U.S.C. §§ 846, 841(a)(1). The Pre-Sentence Report (PSR) calculated the sentence according to the U.S.