Rodriguez

United States v. Rodriguez

Good Law
305 F. App'x 342
United States Court of Appeals for the Ninth CircuitDecember 10, 2008No. 07-50097California687 words

Opinion

Lead Opinion

MEMORANDUM **

Vineland Boys Street Gang (“VBS”) member Agustín Rodriguez appeals his sentence following his guilty plea. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 1 We review the “reasonableness” of a defendant’s sentence “in light of all the 18 U.S.C. § 3553 (a) factors, including the applicable Guidelines range.” United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006). “‘[R]ea *343 sonableness’ review merely asks whether the trial court abused its discretion.” Rita v. United States, 551 U.S. 338 , 127 S.Ct. 2456, 2465 , 168 L.Ed.2d 203 (2007).

Rodriguez pleaded guilty to being a member of a racketeering conspiracy in violation of 18 U.S.C. § 1962 (d), and conspiring to possess with the intent to distribute several controlled substances, including at least five kilograms of cocaine, in violation of 21 U.S.C. § 846 .

After a sentencing hearing, the district court sentenced Rodriguez to 192 months imprisonment, plus five years of supervised release, a sentence which is 70 months below the Guidelines range of 262 to 327 months applicable to his crimes. This sentence included an agreed-upon two-level reduction for a mitigating role, and an…

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