Rodriquez

MEMORANDUM **

Lionel Rodriquez appeals his conviction following his guilty plea to a violation of the federal conspiracy statute, 18 U.S.C. § 371 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Rodriquez’ sole contention on appeal is that Wharton’s Rule deprived the district court of jurisdiction to enter a conviction against Rodriquez, despite his guilty plea, for conspiring to deliver to a common carrier without written notice a package containing firearms, in violation of 18 U.S.C. § 922 (e), and aiding and abetting the possession on board an aircraft of a concealed dangerous weapon that would be accessible to the individual in flight, in violation of 49 U.S.C. § 46505 (b)(1) and 18 U.S.C. § 2 (a).

Even if Wharton’s Rule had any application when the only charge is conspiracy and no merger issue is present, see Iannelli v. United States, 420 U.S. 770, 781-82 , 95 S.Ct. 1284 , 43 L.Ed.2d 616 (1975) (stating that Wharton’s Rule “currently stands as an exception to the general principle that a conspiracy and the substantive offense that is its immediate end do not merge upon proof of the latter”), it would not help Rodriquez here, because both underlying…