United States v. Jesus Andrade , 361 F. App'x 903 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 11 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 08-50373
Plaintiff - Appellee, D.C. No. 8:07-cr-00202-DOC
v.
MEMORANDUM *
JESUS ANDRADE, AKA Shorty,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
David O. Carter, District Judge, Presiding
Submitted December 15, 2009 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Jesus Andrade appeals from the 151-month sentence imposed following his
guilty-plea conviction for being a member of a Racketeer Influenced and Corrupt
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
NC/Research
Organizations enterprise, in violation of 18 U.S.C. § 1962(d), and conspiracy to
possess with intent to distribute a controlled substance, in violation of 21 U.S.C.
§§ 841(a), (b)(1)(A), and 846. We have jurisdiction pursuant to 28 U.S.C. § 1291,
and we affirm.
Andrade contends that the district court committed plain error by imposing
an impermissibly vague and overbroad supervised release condition, which, among
other things, prohibits him from associating with persons known to him to be
associated with Florencia 13 gang members. Because the condition is neither
impermissibly vague nor overbroad, the district court did not plainly err. See
United States v. Soltero, 510 F.3d 858, 866 (9th Cir. 2007) (per curiam); United
States v. Ross, 476 F.3d 719, 721-23 (9th Cir. 2007).
AFFIRMED.
NC/Research 2 08-50373