United States v. Leysmilan Rodriguez

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 6, 2018
• Docket: 17-12290
• Status: Unpublished

Opinion

Case: 17-12290 Date Filed: 03/06/2018 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 17-12290 Non-Argument Calendar ________________________

D.C. Docket No. 1:16-cr-20915-JEM-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

LEYSMILAN RODRIGUEZ,

Defendant-Appellant.

________________________

Appeal from the United States District Court for the Southern District of Florida ________________________

(March 6, 2018)

Before WILLIAM PRYOR, ANDERSON, and EDMONDSON, Circuit Judges. Case: 17-12290 Date Filed: 03/06/2018 Page: 2 of 2

PER CURIAM:

Leysmilan Rodriguez appeals his 78-month sentence, imposed at the low

end of the advisory guideline range, after pleading guilty to one count of

conspiracy to commit health care and wire fraud. The doctrine of invited error

precludes Rodriguez from arguing that he was not an organizer or leader of this

conspiracy: he agreed to recommend that the district court conclude he was an

organizer or leader of the criminal activity in question. For background, see

United States v. Love, 449 F.3d 1154 (11th Cir. 2006).

AFFIRMED.