United States v. Del Cid-Rendon, No. 08-3002 (10th Cir. 2008)
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FILED United States Court of Appeals Tenth Circuit December 5, 2008 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, v. No. 08-3002 (D. Kansas) KENET DEL CID-RENDON, also known as Rendon Kenet Del Cid, Carlos Leonel and Keneth Leonel, (D.C. No. 2:06-CR-20021-KHV-2) Defendant - Appellant. ORDER AND JUDGMENT * Before BRISCOE, MURPHY, and HARTZ, Circuit Judges. Kenet Del Cid-Rendon appeals the sentence imposed after his plea of guilty to charges arising out of a drug conspiracy. He challenges only the substantive reasonableness of the sentence, which was within the advisory guidelines range. Mr. Cid-Rendon argues that his criminal-history category overrepresented his criminal history and that he should not have been treated the same as codefendant * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Edguar Lizardo-Figueroa, who was described in the presentence report as the other lieutenant[] in the conspiracy. R. Vol. III at 18. Mr. Cid-Rendon has not overcome the presumption of reasonableness that we attach to a within-guidelines sentence. See United States v. Kristl, 437 F.3d 1050, 1053 54 (10th Cir. 2006). We therefore AFFIRM his sentence. ENTERED FOR THE COURT Harris L Hartz Circuit Judge -2-
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