United States v. Leysmilan Rodriguez

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[DO NOT PUBLISH]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

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No. 17-12290

Non-Argument Calendar

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

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

LEYSMILAN RODRIGUEZ, Defendant-Appellant.

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

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(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.