United States v. Rodriguez, No. 09-3867 (6th Cir. 2011)
Annotate this CaseIn 2005 defendant entered a plea of guilty to aiding and abetting possession with intent to distribute 500 grams or more of a substance containing a detectable amount of cocaine (21 U.S.C. 841(a)(1); 18 U.S.C. 2). The plea agreement stated that the parties believed defendant qualified for sentencing under the career offender guideline, USSG 4B1, and reserved the right to appeal the sentence. The sentencing report noted felony convictions for aggravated robbery and aggravated assault in Ohio in 1995 and for felonious assault in Ohio in 1999. With a total adjusted offense level of 34 and a criminal history category of VI, the guideline range was 262 to 327 months. Defendant did not object to the report. The district court granted a six-level reduction for defendant's substantial assistance, which lowered the offense level to 28 and the applicable guideline range to 140 to 175 months. The district court imposed a sentence of 144 months. The Sixth Circuit affirmed. The Ohio aggravated assault conviction qualified as a crime of violence. The court rejected a collateral challenge to the 1999 conviction.
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