United States v. Juan Nuno-Huizar

Juan Nuno-Huizar appeals his sentence of 2 years imprisonment and two years of supervised release. He argues that the prison term should not have exceeded 7 months, the maximum period of imprisonment recommended by the probation officer as computed by application of the Sentencing Guidelines of the Sentencing Reform Act of 1984. He also argues that the entire sentence is defective because the trial court relied on the supervised release provision of the Sentencing Reform Act which we have since held to be unconstitutional.

Nuno, one of 13 defendants, was named in all six counts of an indictment charging conspiracy to harbor and transport illegal aliens (count one) and transportation of illegal aliens (counts two through six). On March 21, 1988, Nuno pled guilty to count two, and on May 23, 1988, was afforded an opportunity for a hearing on the presen-tence report, but presented no evidence to contradict the facts set forth in the report. A sentence of two years imprisonment with two years supervised release was pronounced. The remaining counts were dismissed on motion of the government. This expedited appeal followed.

In October, 1987, the Border Patrol Anti-Smuggling Unit began…