Justia.com Opinion Summary:
German Robles-Garcia and Jose Rodriquez-Ramos were tried jointly by a jury. Robles was convicted of conspiracy to distribute less than 50 grams of methamphetamine mixture, 50 grams or more of methamphetamine actual, and 5 kilograms or more of cocaine. Robles was also convicted of kidnapping. Rodriquez was convicted of conspiracy to distribute methamphetamine. In addressing Robles' claims on appeal, the court held that the evidence was sufficient to support the jury's verdict and the court did not err in denying Robles' request for an acquittal; the district court did not err in considering a detective's testimony; the district court did not err in applying the U.S.S.G. 3B1.1 enhancement for his leadership role in the kidnapping; the record was devoid of facts to enable the court to evaluate Robles' claims against his attorney; and Robles' sentence was not grossly disproportionate to the crimes he committed. In addressing Rodriquez's claim on appeal, the court held that the district court considered the mitigating and aggravating factors under 18 U.S.C. 3553 but correctly considered only Rodriquez's culpability in determining whether the role reduction was warranted. Accordingly, both Robles' conviction and sentence, as well as Rodriquez's sentence, were affirmed.Receive FREE Daily Opinion Summaries by Email
Criminal case - criminal law and sentencing. Evidence was sufficient to support defendant Robles' conspiracy convictions; hearsay evidence admitted at Robles' sentencing had sufficient indicia of reliability and the court did not err in considering it; no error in imposing an enhancement under Guidelines Sec. 3B1.1 for a management role in the offense; claims of ineffective assistance will not be considered in the absence of a fully developed record; 600 month sentences did not amount to cruel and unusual punishment; defendant Rodriguez was not entitled to a minor role reduction as the evidence showed he was deeply involved in the conspiracy.