
    UNITED STATES of America, Plaintiff-Appellee, v. Kelvin OWENS, Defendant-Appellant.
    No. 09-50236.
    United States Court of Appeals, Ninth Circuit.
    Argued and Submitted March 8, 2011.
    Filed June 2, 2011.
    Jean-Claude Andre, Michael J. Raphael, Esquire, Office of the U.S. Attorney, Los Angeles, CA, Dorothy McLaughlin, Office of the U.S. Attorney, Riverside, CA, for Plaintiff-Appellee.
    Jonathan D. Libby, Esquire, Deputy Federal Public Defender, Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.
    
      Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.
   MEMORANDUM

Kelvin Owens appeals the ten-year mandatory minimum sentence imposed under 21 U.S.C. § 846 and 18 U.S.C. § 922(g)(9) following his guilty plea to conspiracy to distribute and to possess with intent to distribute fifty grams or more of crack cocaine and 500 grams or more of powder cocaine, and possession of a firearm following a misdemeanor conviction for domestic violence.

While this appeal was pending, President Obama signed into law the Fair Sentencing Act, which increased the quantity of crack cocaine required to trigger mandatory sentences under § 841(b)(1). See Pub.L. No. 111-220, 124 Stat. 2872. Owens asks that we vacate his sentence with instructions for resentencing pursuant to the Act, under which he would qualify for a lower, five-year sentence.

We reject his arguments for the reasons set forth in the opinion that we issue today in United States v. Baptist, 09-50315.

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     