United States v. Jack D. Rexford

ORDER

The government’s petition for rehearing is granted. The opinion filed May 24, 1990 is withdrawn.

Jack D. Rexford appeals from his sentence of sixteen months imprisonment under the Sentencing Guidelines. Rexford entered a plea of guilty on December 29, 1988, pursuant to a written plea agreement. On appeal, Rexford raises two constitutional challenges to the Guidelines. He also argues that the district court erred in failing to reduce his offense level for a minor role in the offense, and contests the $50 special assessment imposed by the district court under 18 U.S.C. § 3013 (1988). We affirm.

FACTUAL AND PROCEDURAL HISTORY

On November 2, 1988, a federal grand jury returned an indictment charging Rex-ford with three narcotics offenses. Count one of the indictment charged that Rexford conspired with Kurt A. Harrington and Jack R. Brauher, an unindicted co-conspirator, to manufacture, possess with intent to distribute, and distribute marijuana. Counts two and three charged Rexford with possessing marijuana with intent to distribute. On December 29,1988, Rexford pled guilty to the conspiracy count pursuant to a plea agreement. The prosecution agreed to dismiss the remaining…