United States v. Aragon

McKAY, Circuit Judge.

*1106Leonard Aragon was sentenced to 48 months' imprisonment after pleading guilty to one count of possession with intent to distribute controlled substances in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). He now appeals that sentence. On appeal, Mr. Aragon argues the district court erred in finding that two packages found in his car contained 28.5 grams of methamphetamine and 11 grams of heroin, respectively. He also contends "the judge abused his discretion by sua sponte presenting his own evidence in support of a higher sentence." (Appellant's Br. at 1.) Finally, Mr.…