US v. Miguel Rodriguez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:14-cr-00109-FDW-1. Copies to all parties and the district court. [999864678]. [15-4463]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4463

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MIGUEL ANGEL RODRIGUEZ,
Enrique Guzman,

a/k/a

Cocho,

a/k/a

Yuyo,

a/k/a

Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:14-cr-00109-FDW-1)

Submitted:

June 21, 2016

Decided:

June 23, 2016

Before DUNCAN, KEENAN, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Andrew B. Banzhoff, DEVEREUX & BANZHOFF, PLLC, Asheville, North
Carolina, for Appellant.
Amy Elizabeth Ray, Assistant United
States Attorney, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Miguel Angel Rodriguez appeals his conviction and 120-month
sentence

imposed

following

his

guilty

plea

to

conspiracy

to

distribute and possess with intent to distribute 500 grams or
more of a mixture and substance containing a detectible amount
of methamphetamine, in violation of 21 U.S.C. § 846 (2012).

On

appeal, Rodriguez’s counsel has filed a brief pursuant to Anders
v. California, 386 U.S. 738 (1967), stating that there are no
meritorious

issues

for

appeal

but

questioning

whether

the

district court complied with the requirements of Fed. R. Crim.
P.

11

in

accepting

Rodriguez’s

guilty

plea

and

district court imposed an unreasonable sentence.

whether

the

Rodriguez was

notified of his right to file a pro se supplemental brief but
has not done so.
brief.

The Government has declined to file a response

For the reasons that follow, we affirm.

Before accepting a guilty plea, the district court must
conduct a plea colloquy in which it informs the defendant of,
and determines that the defendant comprehends, the nature of the
charge

to

which

he

is

pleading

guilty,

the

maximum

possible

penalty he faces, any mandatory minimum penalty, and the rights
he

is

relinquishing

by

pleading

guilty.

Fed.

R.

Crim.

P.

11(b)(1); United States v. DeFusco, 949 F.2d 114, 116 (4th Cir.
1991).
an

The court also must ensure that the plea is supported by

independent

factual

basis

and
2

not

the

result

of

force,

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threats, or promises outside the plea agreement.

Fed. R. Crim.

P. 11(b)(2), (3).
Because Rodriguez did not move to withdraw his guilty plea
or otherwise preserve error in the plea proceedings, we review
his plea colloquy for plain error.

United States v. Massenburg,

564 F.3d 337, 342 (4th Cir. 2009).

To establish plain error,

Rodriguez must demonstrate that the district court erred, the
error was plain, and the error affected his substantial rights.
Henderson v. United States, __ U.S. __, 133 S. Ct. 1121, 1126
(2013).

In

the

guilty

plea

context,

an

error

affects

a

defendant’s substantial rights if he demonstrates “a reasonable
probability that, but for the error, he would not have entered
the plea.”

United States v. Aplicano-Oyuela, 792 F.3d 416, 427

(4th

2015)

Cir.

omitted).

(alteration

and

internal

quotation

marks

Even if these requirements are met, we will “exercise

our discretion to correct the error only if it seriously affects
the

fairness,

integrity

proceedings.”

or

public

reputation

of

judicial

United States v. Nicholson, 676 F.3d 376, 381

(4th Cir. 2012) (internal quotation marks omitted).
Our review of the record reveals that the district court
substantially
conducting
minor

complied

the

omissions

plea

with

the

colloquy.

during

the

requirements

of

While

the

court

colloquy,

see

Fed.

Rule
made
R.

11

in

several

Crim.

P.

11(b)(1)(E), (G), (L), the record provides no basis to conclude
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that these errors affected Rodriguez’s substantial rights.
Aplicano-Oyuela, 792 F.3d at 427.
that

the

plea

independent

was

knowing,

factual

basis,

See

Because the court ensured

voluntary,
we

find

and
the

supported
plea

by

valid

an
and

enforceable.
We review Rodriguez’s sentence for reasonableness, applying
“a deferential abuse-of-discretion standard.”
States, 552 U.S. 38, 46 (2007).

Gall v. United

We first ensure that the court

“committed no significant procedural error,” such as improper
calculation

of

the

Sentencing

Guidelines,

insufficient

consideration of the 18 U.S.C. § 3553(a) (2012) factors, and
inadequate explanation for the sentence imposed.

United States

v. Lynn, 592 F.3d 572, 575 (4th Cir. 2010) (internal quotation
marks

omitted).

If

we

find

the

sentence

procedurally

reasonable, we also review its substantive reasonableness under
“the totality of the circumstances.”

Gall, 552 U.S. at 51.

presume

substantively

that

a

within-Guidelines

is

We

reasonable.

United States v. Louthian, 756 F.3d 295, 306 (4th Cir. 2014).
Rodriguez bears the burden to rebut this presumption “by showing
that

the

sentence

is

unreasonable

18 U.S.C. § 3553(a) factors.”

when

measured

against

the

Id.

We discern no error in Rodriguez’s sentence.

The court

properly calculated the Sentencing Guidelines range, considered
the parties’ arguments, and provided a reasoned explanation for
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the

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sentence

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it

imposed,

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grounded

in

the

§ 3553(a)

factors.

Further, Rodriguez fails to rebut the presumption of substantive
reasonableness accorded his within-Guidelines sentence.
In

accordance

with

Anders,

we

have

reviewed

the

entire

record in this case and have found no meritorious issues for
appeal.

We

therefore

affirm

the

district

court’s

judgment.

This court requires that counsel inform Rodriguez, in writing,
of the right to petition the Supreme Court of the United States
for further review.
filed,

but

counsel

If Rodriguez requests that a petition be
believes

that

such

a

petition

would

be

frivolous, then counsel may move in this court for leave to
withdraw from representation.

Counsel’s motion must state that

a copy thereof was served on Rodriguez.
We dispense with oral argument because the facts and legal
contentions

are

adequately

presented

in

the

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

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