United States v. Rodrigo Rodriguez-Becerra

MEMORANDUM

After a joint trial, a jury found Rodrigo Rodríguez-Becerra and Hugo Moreno-Sanabria guilty of conspiring to sell fifty grams or more of methamphetamine in violation of 21 U.S.C. § 846 ; Rodríguez-Becerra guilty of distributing five grams or more of methamphetamine in violation of 21 U.S.C. § 841 (a); and Moreno-Sanab-ria guilty of possessing fifty grams or more of methamphetamine with the intent to distribute it in violation of 21 U.S.C. § 841 (a). Both men appeal their convictions, and Rodríguez-Becerra appeals his sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Admission of the Unindicted Co-conspirator’s Plea Agreement

At trial, in contravention of Fed. R.Evid. 801(d)(2)(E) and the Confrontation Clause, the government introduced into evidence the plea agreement of an unindicted co-conspirator. Because Defendants failed to make the correct objection to admission of the plea agreement, we review for plain error. United States v. Gomez-Norena, 908 F.2d 497, 500 (9th Cir.1990); see also United States v. Blandin, 435 F.3d 1191, 1195 (9th Cir.2006) (Confrontation Clause violations are subject to plain error review).…