David Rodrigues v. United States

Rodrigues received a fifteen-year sentence after pleading guilty to a bank robbery charge. He now asks this court to vacate his sentence because the sentencing judge relied upon allegedly misleading statements in the presentence report. We affirm the lower court’s order refusing to vacate the sentence.

The judge said on the day of sentencing:

Rodrigues did not deny his participation in either incident involving firearms. Instead he sought to convince the court that he had acted in self defense when the automobile repossessor threatened him with a blackjack.

We believe the outcome of this case is dictated by our decision in United States v. Chewning, 458 F.2d 381 (9th Cir., 1972), in which we said:

The district court’s order is affirmed.