United States v. Rodriguez-Monge

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
February 15, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-50447
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AURELIO RODRIGUEZ-MONGE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
No. 3:05-CR-2081
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Aurelio Rodriguez-Monge pleaded guilty, without a plea agree-
ment, of conspiracy and possession with intent to distribute more
than 50 grams of methamphetamine in violation of 21 U.S.C. §§ 841
and 846. He appeals his sentence.
Rodriguez-Monge argues that the district court misapplied
U.S.S.G. § 2D1.1(b)(4) or, alternatively, clearly erred in finding
that he could have foreseen that the methamphetamine was imported

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No. 06-50447
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from Mexico. He argues that § 2D1.1(b)(4) applies only if the de-
fendant knew that his offense involved the importation of meth-
amphetamine.
Although the guidelines are advisory, the district court must
still consider and take them into account. United States v. Ville-
gas, 404 F.3d 355, 360 (5th Cir. 2005). We continue to review the
district court’s interpretation and application of the guidelines
de novo and its factual findings for clear error. United States v.
Villanueva, 408 F.3d 193, 203 & n.9 (5th Cir.), cert. denied, 126
S. Ct. 268 (2005); Villegas, 404 F.3d at 359.
Assuming, without deciding, that proof of knowledge is re-
quired, the record evidence was sufficient for the district court
to find by a preponderance of the evidence that Rodriguez-Monge had
knowledge of the workings of the conspiracy, including the fact
that the conspiracy’s source of methamphetamine was in Mexico. The
judgment of sentence is AFFIRMED.

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