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U.S. v. RODRIGUEZ-CASTRO

No. 10-50273.

641 F.3d 1189 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Felipe RODRIGUEZ-CASTRO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 2011.

Attorney(s) appearing for the Case

Kurt D. Hermansen , San Diego, CA, for the appellant.

Emily J. Keifer , Assistant United States Attorney, San Diego, CA, for the appellee.

Opinion by Judge CLIFTON; Concurrence by Judge SILVERMAN.

OPINION

CLIFTON, Circuit Judge:

Juan Felipe Rodriguez-Castro ("Rodriguez") pled guilty to importing 33.46 kilograms of cocaine in violation of 21 U.S.C. §§ 952 and 960. Rodriguez was sentenced to 57 months imprisonment. Rodriguez appeals this sentence, contending that the district court erred in declining to decrease the base offense level, as recommended by the plea agreement he had entered into with the government. The district court found that...

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