United States v. Juan Rodriguez

MEMORANDUM

Juan Rodriguez, who pleaded guilty to an extensive conspiracy to distribute cocaine, methamphetamine, and marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and 846, appeals his sentence of 30 years. His appeal has no merit.

Given this record, the district court did not abuse its discretion in receiving hearsay evidence tending to show Rodriguez’s (1) connection to a street gang, and (2) his relationship to the Mexican Mafia. Hearsay evidence is admissible at sentencing “so long as it is accompanied by some minimal indicia of reliability.” United States v. Littlesun, 444 F.3d 1196, 1199 (9th Cir.2006) (internal quotation marks omitted). The hearsay evidence was corroborated by the letter stating that “rent” was being paid to “Clever” (i.e. Rodriguez), the phone book found in the cell of a known gang and mafia member that listed Rodriguez’s phone numbers and address, and Rodriguez’s own admission that he associated with the Encinitas Home Boys. In any event, it appears that this evidence was not a factor in the district court’s determination of the length of his sentence, so any error would be harmless. See United States v. Mendoza, 121 F.3d 510, 513-14 (9th…