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Defendant-appellant Gustavo Sierra ("Sierra") appeals from a judgment of conviction and sentence entered on June 3, 2008, in the United States District Court for the Southern District of New York (Batts, J.), following a guilty plea to one count of conspiracy to distribute and possess with intent to distribute one kilogram or more of a substance containing a detectable amount of heroin, in violation of 21 U.S.C. § § 841(a)(1), (b)(1), 846, and one count of conspiracy to launder narcotics proceeds, in violation of 18 U.S.C. § 1956(a)(1)(B)(i), (h). The District Court sentenced Sierra to concurrent terms of imprisonment of 135 months upon a determination that the base offense level under the United States Sentencing Guidelines (the "Guidelines") for Sierra's conviction for conspiracy to launder money, see 18 U.S.C. § 1956(a)(1)(B)(i), (h), was to be calculated in accordance with the amount of narcotics involved in his conviction for conspiracy to distribute narcotics, see 21 U.S.C. §§ 841(a)(1), (b)(1), 846. For the reasons that follow, we affirm the judgment of the District Court.


600 F.3d 263 (2010)

UNITED STATES of America, Appellee,


Ramiro MENENDEZ, Alberto Sierra, Vilma Bido, Angelo Lisi, Russell Lawrence, Carlos Ekmeiro, also known as "Pelon," Paul Pacheco, Ricardo Sobalvarro, Martha Cobis, Kenyi Mariela Diaz-Perez, Defendants, Gustavo Sierra, also known as "Papo," also known as "Ray," also known as "Raul," also known as "Mr. X," Defendant-Appellant.

No. 08-2761-cr.

United States Court of Appeals, Second Circuit.

Submitted: October 19, 2009.

Decided: March 29, 2010.

New York Law School location: File #3862B, Box #154