United States v. Rodriguez

CourtCourt of Appeals for the Second Circuit
DecidedJanuary 13, 2025
Docket23-7347
StatusUnpublished

This text of United States v. Rodriguez (United States v. Rodriguez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Rodriguez, (2d Cir. 2025).

Opinion

23-7347-cr United States v. Rodriguez

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of The United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 13th day of January, two thousand twenty-five.

PRESENT: JOHN M. WALKER, JR., BETH ROBINSON, SARAH A. L. MERRIAM, Circuit Judges. _________________________________________

UNITED STATES OF AMERICA,

Appellee,

v. No. 23-7347-cr

PABLO RENATO RODRIGUEZ, AKA PABLE RENATO RODRIGUEZ,

Defendant-Appellant,

GUTEMBERG DOS SANTOS, AKA SEALED DEFENDANT 1, SCOTT HUGHES, CECILIA MILLAN, JACKIE AGUILAR, KARINA CHAIREZ, Defendants. *

_________________________________________

FOR APPELLANT: ANDREW J. FRISCH, Law Offices of Andrew J. Frisch, PLLC, New York, NY (Peter Katz, Law Offices of Peter Katz, LLC, Princeton, NJ, on the brief).

FOR APPELLEE: CECILIA VOGEL, Assistant United States Attorney (Kiersten A. Fletcher, Samuel Raymond, Olga I. Zverovich, Assistant United States Attorneys, on the brief) for Damian Williams, United States Attorney for the Southern District of New York, New York, NY.

Appeal from a judgment of the United States District Court for the

Southern District of New York (Daniels, Judge).

UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED,

ADJUDGED, AND DECREED that this appeal is DISMISSED.

Defendant-Appellant Pablo Renato Rodriguez pled guilty to one count of

conspiracy to commit wire fraud in violation of 18 U.S.C. § 1349 and was

sentenced principally to 144 months’ imprisonment. On appeal, he contends his

sentence must be vacated because the government breached the plea agreement

by arguing at sentencing that Rodriguez retained access to proceeds from the

* The Clerk is respectfully instructed to amend the caption as set forth above.

2 conspiracy above and beyond the forfeited amount, and in an amount greater

than the stipulated loss amount reflected in the plea agreement. The government

contends his appeal should be dismissed based on the appellate waiver in the

plea agreement. We assume the parties’ familiarity with the underlying facts,

procedural history, and arguments on appeal, to which we refer only as

necessary to explain our decision to dismiss Rodriguez’s appeal.

Rodriguez’s plea agreement included a waiver of the right to appeal “any

sentence within or below the Stipulated Guidelines Range of 188 to 235 months’

imprisonment.” Gov’t Add. at 4. He does not dispute that his sentence of 144

months falls within the scope of the waiver, but contends that he is not bound by

the appeal waiver because the government breached the plea agreement.

“Waivers of the right to appeal a sentence are presumptively enforceable.”

United States v. Riggi, 649 F.3d 143, 147 (2d Cir. 2011). 1 Nevertheless, this

presumption can be defeated where, among other things, “the government

breached the agreement containing the waiver.” United States v. Burden, 860 F.3d

45, 51 (2d Cir. 2017). Rodriguez argues that this exception to the enforceability of

1 In quotations from caselaw and the parties’ briefing, this summary order omits all internal quotation marks, footnotes, and citations, and accepts all alterations, unless otherwise noted.

3 the appellate waiver applies here. Whether the government’s conduct breached

the parties’ plea agreement such that Rodriguez is not bound by the appeal

waiver is thus a threshold question.

“We review interpretations of plea agreements de novo and in accordance

with principles of contract law.” United States v. Vaval, 404 F.3d 144, 152 (2d Cir.

2005). “Moreover, because plea bargains require defendants to waive

fundamental constitutional rights, prosecutors are held to meticulous standards

of performance.” Id. at 152–53. “[W]e construe plea agreements strictly against

the government and do not hesitate to scrutinize the government’s conduct to

ensure that it comports with the highest standard of fairness.” Id. at 152. To

determine whether a plea agreement has been breached, “we look both to the

precise terms of the plea agreement[ ] and to the parties’ behavior.” United States

v. Wilson, 920 F.3d 155, 163 (2d Cir. 2019). “We seek to determine . . . the

reasonable understanding and expectations of the defendant” as to the

bargained-for sentence. Id.

In the plea agreement, Rodriguez agreed to forfeit $65 million,

“representing proceeds traceable to the commission of said offense.” Gov’t Add.

at 1. Additionally, the parties’ stipulation states, “Pursuant to U.S.S.G.

4 § 2B1.1(b)(1)(L), the offense level is increased by 22 levels because the loss was

more than $25,000,000 but less than $65,000,000.” Id. at 2. Rodriguez contends

the government breached the plea agreement by arguing at sentencing that he

had retained proceeds from the scheme in excess of the $65 million loss to which

the parties stipulated, and in excess of the $65 million forfeited pursuant to the

parties’ agreement. We disagree.

The plea agreement identified a stipulated loss amount, a stipulated

Guidelines range, and an agreed-upon forfeiture amount, but did not include a

stipulation as to the value at sentencing of the total proceeds Rodriguez received

from the scheme. The parties expressly agreed that they would not “seek any

departure or adjustment pursuant to the Guidelines that is not set forth herein.”

Gov’t Add. at 3. And the agreement specified that both parties were free to “seek

a sentence outside of the Stipulated Guidelines Range based upon the factors to

be considered in imposing a sentence pursuant to [18 U.S.C. §] 3553(a).” Id. at 3.

To that end, the plea agreement authorized either party “to present to the

Probation Office or the Court any facts relevant to sentencing,” and “to make any

arguments regarding where within the Stipulated Guidelines Range . . . the

5 defendant should be sentenced and regarding the factors to be considered . . . .”

Id.

Here, the government did not seek any adjustments or departures

pursuant to the Guidelines, and it did not seek forfeiture of an amount greater

than the parties’ stipulated forfeiture amount. Moreover, the government did

not represent to the district court that the victims’ losses were greater than the

stipulated range.

Rather, the government argued to the district court, consistent with the

Presentence Investigation Report, that it was unable to locate and recover over

6,000 Bitcoin that Rodriguez had purchased with the proceeds of the underlying

scheme.

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Related

United States v. Riggi
649 F.3d 143 (Second Circuit, 2011)
United States v. Troy Vaval, AKA Justice Vaval
404 F.3d 144 (Second Circuit, 2005)
United States v. Burden
860 F.3d 45 (Second Circuit, 2017)
United States v. Wilson
920 F.3d 155 (Second Circuit, 2019)

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Bluebook (online)
United States v. Rodriguez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rodriguez-ca2-2025.