United States v. Carlos Rodriguez-Sanchez

Opinion by Senior District Judge REED

Carlos Rodriguez-Sanchez was found guilty of possessing methamphetamine with the intent to distribute it under 21 U.S.C. § 841 (a)(1). Mr. Rodriguez-Sanchez appeals from conviction and the sentence imposed. Mr. Rodriguez-Sanchez argues that his stop and detention lacked reasonable suspicion and evidence discovered as a result should have been suppressed. The district court, Keep, J. presiding, denied the motion to suppress. On this basis Mr. Rodriguez-Sanchez appeals his conviction.

The sentencing court, Rhoades, J. presiding, sentenced Mr. Rodriguez-Sanchez under 21 U.S.C. § 841 (b)(1)(A) which mandates a minimum ten year sentence for “violation[s] of subsection (a) of this section involving ... (viii) 100 grams or more of methamphetamine.” Sentence was based on the entire amount of methamphetamine, over 100 grams, not merely the amount Mr. Rodriguez-Sanchez claims he intended to distribute. Mr. Rodriguez-Sanchez claims he intended to distribute less than 100 grams. On this basis he appeals the sentence imposed.

FACTS AND PROCEEDINGS BELOW On January 22,1992, at approximately 7:45 A.M., Rodriguez-Sanchez drove a Mend’s Monte Carlo…