Padilla-Castro

United States v. Padilla-Castro

Good Law
232 F. App'x 689
United States Court of Appeals for the Ninth CircuitMay 16, 2007No. 06-30181California575 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant Alberto Padilla-Castro pleaded guilty to conspiring to possess, with the intent to distribute, more than 100 kilograms of marijuana, and he agreed to forfeit all property acquired with proceeds of the conspiracy. He appeals his sentence of 180 months’ imprisonment. We affirm.

1. Defendant first argues that the district court clearly erred by finding him responsible for 1,305 kilograms of marijuana because the evidence consisted solely of unreliable hearsay and was not clear and convincing.

A sentencing court may consider hearsay if the hearsay has minimal indicia of reliability. United States v. Littlesun, 444 F.3d 1196, 1199 (9th Cir.), cert. denied, — U.S.-, 127 S.Ct. 248 , 166 L.Ed.2d 149 (2006). The district court did not abuse its discretion, United States v. Berry, 258 F.3d 971, 976 (9th Cir.2001), in finding minimal indicia of reliability. The hearsay statements painted a consistent picture of a large marijuana distribution network run by Defendant, which was corroborated by the discovery on Defendant’s property of a boat that had been used as payment for drug debt. The government agent identified the sources of his information and the specific…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.