United States v. Jesus Sanchez

MEMORANDUM

Jesus Guadalupe Sanchez challenges the 400-month sentence imposed following his jury-trial conviction for conspiring to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Sanchez argues that the district court violated his Sixth Amendment rights when it made factual findings to determine his base offense level and apply various adjustments in accordance with the advisory U.S. Sentencing Guidelines. This argument is foreclosed by our precedent. Sanchez relies primarily on Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), and Alleyne v. United States, — U.S. -, 133 S.Ct. 2151 , 186 L.Ed.2d 314 (2013). Taken together, Ap-prendi and Alleyne hold that any fact that increases the statutorily prescribed maximum or mandatory minimum sentence must be found by a jury beyond a reasonable doubt. Apprendi, 530 U.S. at 490 , 120 S.Ct. 2348 ; Alleyne, 133 S.Ct. at 2158 . But the Sixth Amendment is not violated when a sentencing court finds facts while exercising its discretion to impose a sentence within the statutorily prescribed range. United…