United States v. Jesus Pimentel-Lopez

The jury in defendant’s criminal case made a special finding that the quantity of drugs involved was “less than 50 grams.” We consider whether the district judge may nevertheless calculate defendant’s sentence based on the judge’s finding that the quantity involved was far in excess of 50 grams.

FACTS

Defendant was convicted of possession of methamphetamine with intent to distribute and conspiracy to possess with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. The punishment for both of these crimes is determined by section 841(b), which sets differential punishments, depending on drug type and quantity. If the quantity involved is less than 50 grams or an indeterminate amount, then the maximum sentence is 20 years. § 841(b)(1)(C). The statute sets higher minimum and maximum sentences for larger drug quantities. § 841(b)(l)(A)-(B).

With the consent of both parties, the court gave the jury a verdict form, which it filled out as follows:

At sentencing, the district judge found that the actual quantity attributable to defendant’s crimes was 4.536 kg, which yielded a Sentencing Guidelines range of 235 to 293 months. The judge then sentenced…