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● UNITED STATES OF AMERICA v. GIMY RODRIGUEZ, No. 20-3295Gimy Jose Rodriguez pleaded guilty to two drug-related crimes: (1) conspiracy to distribute and possess with intent to distribute more than one hundred grams of heroin and (2) possession with intent to distribute an unspecified amount of heroin and more than fifty grams of methamphetamine. The District Court sentenced Rodriguez to 262 months’ imprisonment, based on a 262–327-month advisory range under the United States Sentencing Guidelines (the “Guidelines”). That advisory range reflects two sentence enhancements, one for being the organizer or leader of a criminal activity involving five or more participants, the other for maintaining a premises for distributing drugs. The only issue Rodriguez raises on appeal is whether the District Court erred in holding that both enhancements apply. It did not err, so we will affirm Rodriguez’s sentence. Held: The District Court did not clearly err when applying the four-level sentence enhancement to Rodriguez for being the organizer or leader of a criminal activity involving five or more participants under U.S.S.G. § 3B1.1(a). Nor did it clearly err when applying the two-level sentence enhancement to Rodriguez for maintaining a premises for the purpose of distributing a controlled substance under U.S.S.G. § 2D1.1(b)(12). We will affirm the District Court’s judgment imposing Rodriguez’s sentence. Before: SHWARTZ, PORTER, and FISHER, Circuit Judges.
(Opinion Filed: July 12, 2022) Opinion: PORTER, Circuit Judge. Read more... |
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