United States v. Rodriguez, No. 20-3295 (3d Cir. 2022)
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Rodriguez pleaded guilty to conspiracy to distribute and possess with intent to distribute more than 100 grams of heroin and possession with intent to distribute an unspecified amount of heroin and more than 50 grams of methamphetamine. He was sentenced to 262 months’ imprisonment, based on a 262–327-month Sentencing Guidelines range that reflects sentence enhancements for being the organizer or leader of a criminal activity involving five or more participants and for maintaining premises for distributing drugs.
The Third Circuit affirmed. The district court found that Rodriguez “set the prices,” “issue[d] edicts,” “dictated to whom and for how much the drugs were to be sold,” and provided drugs to his co-conspirators for distribution and did not clearly err by applying the “leader” sentence enhancement. The court also upheld the application of the “premises” enhancement. Rodriguez directed the activities at the premises in question and those premises were one of the “places where essential parts of drug operation[s] were conducted.” The ownership of premises was not dispositive.
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