DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
103797P.pdf 01/25/2012 United States v. Jesus Fabel Diaz-Pellegaud
U.S. Court of Appeals Case No: 10-3797
and No: 10-3828
and No: 10-3830
and No: 11-1002
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Gruender, Author, with Melloy and Beam, Circuit Judges]
Criminal case - Criminal law and sentencing. Evidence was sufficient to
support Diaz-Pellegaud's conviction for money laundering and conspiracy
to distribute methamphetamine and marijuana; evidence was sufficient to
support Garcia's conviction for conspiring to distribute methamphetamine
and marijuana; district court did not err in denying Garcia's request for a
minor role reduction under Guidelines Sec. 3B1.2; Garcia's sentence was
not substantively unreasonable; evidence was sufficient to support
Burgos-Valdez's conviction for conspiring to distribute
methamphetamine; district court considered the 3553(a) factors in setting
Burgos-Valedez's sentence, and this sentence was not substantively
unreasonable; in light of substantial evidence of Melendez-Rocha's guilt,
the verdict was not swayed by an improper comment about her
immigration status, and the district court's curative instruction was
sufficient to alleviate any prejudice; no procedural error occurred in
setting Melendez-Rocha's sentence, and the sentence was not
unreasonable.