United States v. Rodolfo Lastimosa

MEMORANDUM

Rodolfo Lastimosa was convicted of drug conspiracy, distribution of methamphetamine, attempt to possess and distribute methamphetamine, and possession with intent to distribute methamphetamine under 21 U.S.C. §§ 846 , 841(a)(1) and (b)(1)(c). He appeals his sentence of 66 months.

The Sentencing Guidelines require district courts to consider as relevant conduct “drug amounts from acts outside the offense of conviction, so long as they ‘were part of the same course of conduct or common scheme or plan as the offense of conviction.’” United States v. Grissom, 525 F.3d 691, 697-98 (9th Cir.2008) (quoting U.S.S.G. § 1B1.3(a)). The district court did not clearly err when it attributed to Lastimosa as relevant conduct four packages of methamphetamine sent to his workplace. Lastimosa’s argument that the packages cannot be considered relevant conduct because there was no finding or evidence that he was part of the conspiracy at the time the packages were shipped in 2007 is without merit. The jury was explicitly instructed that the conspiracy count related to conduct beginning in 2006, and after hearing testimony that Lastimosa had been regularly selling methamphetamine since…