United States v. Roberto Ruiz-Marin

MEMORANDUM

Roberto Ruiz-Marin (“Ruiz”) appeals from his criminal conviction and sentence following a jury trial. The jury found Ruiz guilty of the following: conspiracy to distribute 500 grams or more of methamphetamine and less than 500 grams of cocaine (Count One); distributing fifty grams or more of methamphetamine on November 18, 2008 (Count Four); distributing fifty grams or more of methamphetamine on January 22, 2009 (Count Six); and distributing methamphetamine and cocaine on February 24, 2009 (Count Seven). See 21 U.S.C. §§ 841 (a)(1), 846, and 853. He was sentenced to 151 months for each of counts 1, 4, 6, and 7, with each sentence to run concurrently, followed by five years supervisory release, and a fine of $400.

Because Ruiz failed to object to the recommended sentence in the Pre-Sentence Report, which calculated the advisory Guidelines Range based on the jury’s verdict, we review for plain error the district court’s imposition of sentence for Count 1 based on the jury’s finding that Ruiz conspired to distribute 500 grams or more of methamphetamine, rather than less than 500 grams. United States v. Booker, 543 U.S. 220, 268 , 125 S.Ct. 738 , 160 L.Ed.2d 621…