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United States v. Alphonso Rodriguez, 4th Cir. (2012)
United States v. Alphonso Rodriguez, 4th Cir. (2012)
United States v. Alphonso Rodriguez, 4th Cir. (2012)
No. 10-4979
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. Louise W. Flanagan,
Chief District Judge. (5:09-cr-00332-FL-4)
Submitted:
Decided:
May 3, 2012
PER CURIAM:
Alphonso Rodriguez pled guilty, pursuant to a written
plea
agreement,
codefendants
to
one
with
count
conspiracy
charging
to
him
and
distribute
eleven
contraband
U.S.C.
371
(2006).
As
part
of
the
plea
agreement,
total
amount
of
restitution
not
exceeding
$20,000.
The
him
to
pay
restitution
appeal,
argues
the
amount
of
$20,000.
claims.
First,
We affirm.
Rodriguez
that
in
the
raises
district
two
court
violated
his
equal
protection rights because the court did not consider the fact
that
as
immigration
Second,
result
of
his
consequences
Rodriguez
sentence,
not
claims
faced
that
the
Rodriguez
by
other
district
faced
adverse
coconspirators.
court
erred
in
review
sentence
abuse-of-discretion
for
standard.
reasonableness
Gall
under
v.
United
for
significant
review
its
procedural
substantive
errors,
and
under
reasonableness.
the
United
second,
we
States
v.
procedural
errors
include
improperly
sentence,
including
any
deviation
from
the
Guidelines
sentence,
under
the
totality
of
the
circumstances.
Id.
Id.
sentence
is
unreasonable
because
he
may
face
adverse
Equal
Protection
Clause
only
3
it
reflects
disparate
Id. at 234.
Therefore,
order
next
asserts
was
reasonableness
standard.
the
unreasonable
that
under
district
because
courts
the
court
deferential
abuse-of-discretion
affirm
with
oral
the
judgment
argument
of
the
because
district
the
facts
court.
and
We
legal