United States v. Jose Guadalupe Valenzuela

Jose Guadalupe Valenzuela was convicted of nine offenses, including one conspiracy count ( 21 U.S.C. § 846 ); seven substantive narcotic counts ( 21 U.S.C. § 841 (a)(1)); and one continuing criminal enterprise count ( 21 U.S.C. § 848 ).

Valenzuela was sentenced to fifteen years on the conspiracy count and fifteen years on each of three substantive counts, the four sentences to run consecutively. He was also sentenced to fifteen years on each of the remaining substantive counts, the sentences to run consecutively. On the continuing criminal enterprise count, he received life imprisonment without possibility of parole. In addition, the trial court imposed a special 10-year parole term for the conspiracy and substantive counts. The two sixty year terms were to run concurrently with each other and with the life imprisonment sentence.

Valenzuela’s conviction was affirmed by this court. United States v. Valenzuela, 596 F.2d 1361 (9th Cir.), cert. denied, 444 U.S. 865 , 100 S.Ct. 136 , 62 L.Ed.2d 88 (1979). This court found:

596 F.2d at 1362 .

On December 14, 1979 Valenzuela moved to reduce and modify his sentence (Fed.R. Crim.P. 35). The motion was denied. Valenzuela…