United States v. Juan Rangel

ORDER

The opinion filed July 20, 2012 is AMENDED as follows:

1.At page 8360 of the slip opinion, the following sentence is deleted:

and replaced with:

2. At page 8362 of the slip opinion, the following sentence is deleted:

3. At page 8362 of the slip opinion, the following sentence is deleted:

and replaced with:

With this amendment, the panel has voted to deny the petition for rehearing. Judge Clifton and Judge Ikuta voted to deny the petition for rehearing en banc and Judge Farris so recommends.

The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing and suggestion for rehearing en banc, filed August 16, 2012, are DENIED. No further petition for rehearing and/or suggestion for rehearing en banc may be filed.

OPINION

Defendant Juan Rangel pled guilty to mail fraud and money laundering. Based on the sentencing factors set out in 18 U.S.C. § 3553 (a), the district court imposed a prison sentence longer than the one proposed by the parties in the plea agreement and also in excess of the range recommended by the advisory Sentencing…