United States v. R. Tablas-Rodriguez , 160 F. App'x 544 ( 2005 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 05-1383
    ___________
    United States of America,             *
    *
    Plaintiff - Appellee,      *
    * Appeal from the United States
    v.                               * District Court for the
    * Southern District of Iowa.
    Rodolfo Tablas-Rodriguez,             *
    *     [UNPUBLISHED]
    Defendant - Appellant.     *
    ___________
    Submitted: December 12, 2005
    Filed: December 20, 2005
    ___________
    Before BYE, BEAM, and GRUENDER, Circuit Judges.
    ___________
    PER CURIAM.
    Rodolfo Tablas-Rodriguez pleaded guilty to one count of conspiracy to
    distribute more than five hundred grams of a mixture containing methamphetamine
    in violation of 
    18 U.S.C. §§ 841
    (b)(1)(A) & 846. He appeals the sentence imposed
    by the district court1 as unreasonable. We affirm.
    In April 2003, Tablas-Rodriguez was arrested with two others for distributing
    methamphetamine from Minneapolis to Des Moines, Iowa. The district court adopted
    1
    The Honorable Ronald E. Longstaff, Chief Judge, United States District Court
    for the Southern District of Iowa.
    the Presentence Investigation Report, which indicated the correct United States
    Sentencing Guideline range was 108 to 135 months of imprisonment, after taking into
    account a two-level decrease under Section 2D1.1(b)(7) and a three-level decrease for
    acceptance of responsibility. Additionally, the government moved for a downward
    departure on the basis of substantial assistance.
    At sentencing, the district court acknowledged the advisory nature of the
    Guidelines and correctly used the range as a starting point. See United States v.
    Haack, 
    403 F.3d 997
    , 1002-03 (8th Cir. 2005) ("Thus, the sentencing court must first
    determine the appropriate guidelines sentencing range, since that range does remain
    an important factor to be considered in the imposition of a sentence."). The court
    noted the applicable range was "fully consistent with the purposes of sentencing in
    this instance." The government recommended a 15% percent downward departure
    for substantial assistance and Tablas-Rodriguez requested a 50% departure. The
    district court sentenced him to seventy-five months, or a departure of roughly 30%.
    Because Tablas-Rodriguez was sentenced under an advisory Guidelines
    system, we review his sentence for reasonableness. United States v. Winters, 
    416 F.3d 856
    , 859 (8th Cir. 2005). This analysis begins by determining, as the district
    court did, the proper range under the Guidelines. Haack, 
    403 F.3d at 1002-03
    .
    Neither party disputes the district court calculated the correct Guideline range.
    The sentence imposed is not unreasonable. The district court started its
    analysis on the low end of the Guidelines after considering the "purposes of
    sentencing." It also noted it found no other basis for "making any departures from
    that [G]uideline range other than the motion for reduction for substantial assistance."
    Because there is "nothing in the record to suggest that this sentence is unreasonable,"
    United States v. Varnedore, 
    422 F.3d 1143
    , 1145 (8th Cir. 2005), we affirm.
    ______________________________
    -2-
    

Document Info

Docket Number: 05-1383

Citation Numbers: 160 F. App'x 544

Filed Date: 12/20/2005

Precedential Status: Non-Precedential

Modified Date: 1/12/2023