Rodriguez

United States v. Rodriguez

Good Law
285 F.3d 759·2001 U.S. App. LEXIS 28393
United States Court of Appeals for the Ninth CircuitAugust 28, 2001Nos. 99-30219, 99-30220, 99-30221, 99-30222, 99-30223, 99-30224, 99-30225California1,089 words

Opinion

Lead Opinion

Noonan, J.

ORDER AND AMENDED OPINION

ORDER

The opinion filed on August 28, 2001 is amended as follows:

Substitute the following:

With these amendments, the panel has voted to deny the petition for rehearing. Judges Tashima and Tallman voted to reject the petition for rehearing en banc and Judge Noonan recommended rejection of the petition for rehearing en banc.

The full court has been advised of the petition for en banc rehearing, and no judge of the court has requested a vote on *762 the petition for rehearing en banc. Fed. R.App. P. 35(b).

The petition for rehearing is DENIED, and the petition for rehearing en banc is REJECTED.

OPINION

Frank Rodriguez, Jose Ramon Lapra-da-Trevino, Pedro Hernandez and Roberta Hernandez appeal their convictions following a jury trial and sentences for drug dealing and money laundering. In a separate memorandum disposition filed with this opinion, we affirm the judgments of conviction. In this opinion, we address, the Apprendi issue raised by the sentences imposed.

PROCEEDINGS

Defendants were found guilty and sentenced as follows:

Pedro Hernandez Sentence

Count 1 Conspiracy to possess with intent to distribute and to distribute marijuana in…

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