United States v. Carlos Rodriguez

MEMORANDUM

A jury convicted appellant Carlos Rodriguez of conspiracy to distribute at least five-hundred grams of methamphetamine mixture or at least fifty grams of pure methamphetamine. See 21 U.S.C. §§ 846 , 841(a)(1), 841(b)(l)(A)(viii). After we re versed the jury’s methamphetamine quantity finding, United States v. Maciel, 461 Fed.Appx. 610, 615-16 (9th Cir.2011), the district court made the quantity determination anew and found Rodriguez responsible for approximately seventy grams of methamphetamine mixture with a purity of forty-two percent. That finding put Rodriguez at base offense level twenty-eight and a Sentencing Guidelines range of 140 to 175 months. Taking into account Rodriguez’s criminal history and the danger he posed to the community, the district court sentenced Rodriguez to 188 months.

Rodriguez now asks us (1) to vacate and remand his sentence because the district court’s quantity determination was clearly erroneous, and (2) to strike the condition of his supervised release forbidding him from associating with “persons associated with the F-13 gang” as unconstitutionally vague. We affirm Rodriguez’s sentence, but remand to the district court to strike the…