United States v. Camacho
Docket: No. 03-10397
Court: Court of Appeals for the Ninth Circuit; June 18, 2004; Federal Appellate Court
Eduardo Aguilar Camacho appeals the district court's judgment re-sentencing him to 151 months in prison for aiding and abetting the distribution of methamphetamine and conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 846, and 18 U.S.C. § 2. The appellate court has jurisdiction under 18 U.S.C. § 3742 and affirms the lower court's decision. Camacho argues that the district court erred by denying his request for a continuance during the re-sentencing proceedings. The court reviews such denials for abuse of discretion. It finds no abuse, noting that Camacho's counsel was adequately prepared and there was no actual prejudice to his defense. Next, Camacho contends that the district court did not make adequate findings at re-sentencing as required by Federal Rule of Criminal Procedure 32. The appellate court reviews this claim de novo and concludes that the district court's findings were sufficient, as reliance on the pre-sentence report is permissible. Finally, Camacho challenges the district court's ruling that two of his prior offenses were “unrelated” when calculating his criminal history under the Sentencing Guidelines. This issue is also reviewed de novo. The court determines that the offenses, despite being similar and occurring close in time, were deemed unrelated due to an intervening arrest, consistent with the Guidelines' definitions. The appellate court affirms the district court's judgment, noting that this decision is not to be published and cannot be cited in future cases except as permitted by Ninth Circuit Rule 36-3.