United States v. Julio Gomez-Padilla

Julio Gomez-Padilla (Gomez) appeals from his sentence, imposed following a jury trial, for conspiracy to possess with intent to distribute and possession with intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846. Gomez was resentenced upon remand from this court, and he contends that the district court erred by failing to exercise its discretion to consider his exemplary behavior in prison as a basis for reducing his sentence. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The district court originally sentenced Gomez to 136 months incarceration. We…