02/16/2017 | Press release | Distributed by Public on 02/17/2017 09:45
SAN JOSE - Nicholas Anthony Rodriguez was sentenced to 188 months (15.7 years) in prison for his role in a conspiracy to possess with intent to distribute methamphetamine, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence follows a guilty plea entered July 25, 2016, in which Rodriguez admitted he conspired to and did in fact possess with the intent to distribute methamphetamine.
According to records filed in connection with his plea agreement, Rodriguez, 40, of San Jose, acknowledged that between April and June of 2014, he conspired with others to possess and did possess with intent to distribute 451 grams of actual methamphetamine. In his plea agreement, Rodriguez admitted that, on June 25, 2014, he and another individual were found in possession of 42 grams of actual methamphetamine and $9,215 in cash, as well as a machete, while driving in the San Jose area. Rodriguez further admitted that he and another individual also possessed an additional 409 grams of actual methamphetamine located at the other individual's home that same day. Rodriguez also acknowledged that, while out of custody on pretrial release on July 28, 2014, he was found in possession of an additional 145 grams of a mixture containing methamphetamine and 2 grams of cocaine.
Rodriguez was indicted by a federal grand jury on July 2, 2014. He was charged with one count of conspiracy to possess with intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C), and one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). Pursuant to his plea agreement, Rodriguez pleaded guilty to both counts in the Indictment.
The sentence was handed down by the Honorable Edward J. Davila, U.S. District Judge. In addition to the prison term, Judge Davila sentenced Rodriguez to a 3-year period of supervised release. The defendant has been in federal custody since August 7, 2014, and will begin serving his sentence immediately.
Assistant U.S. Attorney Maia Perez is prosecuting the case. The prosecution is the result of an investigation by the FBI and the Santa Clara County Sheriff's Office.