Professional Documents
Culture Documents
No. 11-4297
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Anthony J. Trenga,
District Judge. (1:10-cr-00134-AJT-1)
Submitted:
Decided:
PER CURIAM:
Fernando Reynoso Avalos (Avalos) was convicted after
a
jury
trial
on
one
count
of
conspiracy
to
distribute
five
that
the
evidence
is
insufficient
Avalos argues on
to
support
his
We affirm.
United
States v. Green, 599 F.3d 360, 367 (4th Cir.), cert. denied, 131
S. Ct. 271 (2010).
evidence
and
all
reasonable
inferences
in
favor
of
the
that
witness
has
credibility
problems.
United
States
v.
Wilson, 115 F.3d 1185, 1190 (4th Cir. 1997) (holding that the
uncorroborated testimony of an informant may be sufficient to
sustain a conviction); United States v. Baker, 985 F.2d 1248,
1255 (4th Cir. 1993) (stating that the uncorroborated testimony
of
an
accomplice
Further,
in
was
reviewing
sufficient
for
to
substantial
support
conviction).
evidence,
we
will
not
the
Government
(1)
distribute
an
the
conspiracy;
and
must
agreement
drug;
(3)
(2)
the
prove
between
the
the
two
following
or
defendants
defendants
more
essential
persons
knowledge
knowing
and
of
Government
proves
the
the
voluntary
to
existence
of
Once
conspiracy,
the
Green,
him
because
testimony
linking
him
to
the
conspiracy
was
and
telephone
record
evidence
presented
by
the
We reject this
of
the
conspiracy
participation in it.
and
knowing
and
voluntary
reasonableness
standard.
under
deferential
abuse-of-discretion
This
imposes
the . . . court
variant
acted
sentence,
reasonably
4
both
we
with
respect
whether
to
its
decision
to
impose
such
sentence
and
with
respect
to
v.
Hernandez-Villanueva,
473
F.3d
118,
that
the
123
the
United
(4th
Cir.
2007).
Avalos
does
not
contend
his
210-month
sentence
is
district
court
Rather, he claims
unreasonable
because
his
sentence
violates
Constitution.
the
Equal
Protection
Clause
of
the
We disagree.
It
is
co-conspirators
well-settled
may
be
that
sentenced
co-defendants
differently
for
and
their
Id.
Further, a
any
rational
basis.
Id.
at
234.
Avalos
and
his
Avalos
collected,
and
his
role
directing
the
activities
of
others,
stipulations
of
facts
to
which
the
Government
agreed
and
dispense
with
oral
argument
because
the
facts
and
legal
AFFIRMED