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Opinions of the United 2006 Decisions States Court of Appeals for the Third Circuit 6-22-2006 USA v. Rodriguez-Bedolla Precedential or Non-Precedential: Non-Precedential Docket No. 05-3540 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2006 Recommended Citation "USA v. Rodriguez-Bedolla" (2006). 2006 Decisions. Paper 851. http://digitalcommons.law.villanova.edu/thirdcircuit_2006/851 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 2006 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. NOT PRECEDENTIAL IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 05-3540 ___________ UNITED STATES OF AMERICA v. ROBERTO RODRIGUEZ-BEDOLLA, Appellant ___________ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 04-cr-00250) District Judge: Honorable James K. Gardner ___________ Submitted Under Third Circuit LAR 34.1(a) June 16, 2006 Before: FISHER, CHAGARES and REAVLEY,* Circuit Judges. (Filed: June 22, 2006) ___________ OPINION ___________ * The Honorable Thomas M. Reavley, United States Circuit Judge for the Fifth Circuit, sitting by designation. REAVLEY, Circuit Judge. Rodriguez-Bedolla appeals his sentence, arguing that he should have been assigned seven criminal history points rather than nine. U.S.S.G. § 4A1.1(d) instructs that when calculating a defendant’s criminal history, the sentencing court must add two points “if the defendant committed the instant offense ... while under any criminal justice sentence, including probation, parole, supervised release, imprisonment, work release, or escape status.” Section 4A1.2(m) applies this to violation of warrants. The crux of Rodriguez-Bedolla’s argument is that the addition of these two criminal history points was improper because the underlying warrant violated was invalid. Rodriguez-Bedolla’s guideline range was 37-46 months. Rodriguez-Bedolla was sentenced to the lowest point in this range, 37 months. This Court has held that it need not reach an issue when the appellant’s “sentence would be unaffected” even if he were successful on that point. United States v. Fields,
39 F.3d 439, 447 (3d Cir. 1994). Since Rodriguez-Bedolla’s guideline range would be unaffected by a reduction of two criminal history points, Rodriguez-Bedolla would not receive any lesser sentence on remand. Accordingly, the District Court’s judgment will be affirmed. 2
Document Info
Docket Number: 05-3540
Citation Numbers: 185 F. App'x 198
Filed Date: 6/22/2006
Precedential Status: Non-Precedential
Modified Date: 1/12/2023