Rodriguez
United States v. Rodriguez
Opinion
Lead Opinion
*674 MEMORANDUM **
Shawn Rodriguez appeals his 230-month sentence imposed following his guilty-plea conviction to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
Rodriguez contends that the district court erred by relying on hearsay statements contained in the pre-sentence report (“PSR”) to attribute twelve pounds of methamphetamine to him for sentencing purposes.
First, Rodriguez argues that the district court erred by shifting the burden of proof to him to affirmatively show that the facts in the PSR were untruthful, inaccurate or unreliable. We conclude, based on a review of the record, that the district court properly weighed the evidence. See United States v. Berry, 258 F.3d at 971, 976-77 (9th Cir.2001) (concluding that a district court may rely on hearsay in a PSR if it is supported by minimal indicia of reliability).
Second, Rodriguez argues that the hearsay statements in the PSR are unreliable. We conclude, however, that the district court did not abuse its discretion by finding the statements reliable because they were corroborated, based on first-hand…