Santos
United States v. Santos
Opinion
Lead Opinion
MEMORANDUM **
Appellants Carlos Santos and Mario Garcia-Cebreros were indicted for their part in a large drug conspiracy. They pleaded guilty and appeal their sentences. We affirm.
Santos pleaded guilty to conspiracy to distribute five kilograms or more of cocaine and one-half kilogram or more of methamphetamine in violation of 21 U.S.C. §§ 846 , 841(a)(1). Garcia-Cebreros pleaded guilty to the same charge, as well as to being an alien found in the United States after deportation or removal, in violation of 8 U.S.C. § 1326 . The drug distribution charges carried a ten-year statutory minimum sentence. 21 U.S.C. § 841 (b)(1)(A).
Santos argues that his sentence of 135 months is unreasonable. Although the contours of post -Booker reasonableness review are unclear pending the Supreme Court’s decisions in United States v. Rita, 177 Fed.Appx. 357 (4th Cir.), cert. granted, — U.S. —, 127 S.Ct. 551 , 166 L.Ed.2d 406 (2006) (No. 06-5754), and United States v. Claiborne, 439 F.3d 479 *478 (8th Cir.), cert. granted, — U.S.—, 127 S.Ct. 551 , 166 L.Ed.2d 406 (2006) (No. 06-5618), under any plausible standard of review Santos’s 135-month sentence for a massive drug conspiracy with a 120-month…