UNITED STATES of America, Plaintiff-Appellee, v. Michael Anthony PETERS, Defendant-Appellant, 402 F. App'x 211

MEMORANDUM 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. 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, 620 F.3d 1168, 1170-71 (9th Cir.2010) (Section 3553 does not authorize a court to impose a sentence below the mandatory statutory minimum.). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.