United States v. Pedro Vizcarra-Angulo

Pedro Vizcarra-Angulo appeals his forty-month sentence for conspiracy to possess heroin with intent to distribute. We dismiss for lack of jurisdiction.

On April 24, 1989, Vizcarra-Angulo pled guilty to one count of violating 21 U.S.C. §§ 846 and 841(a)(1) (1988). In return for his cooperation, the government agreed to recommend a forty-month sentence, which is below the statutory minimum of five years. The presentence report had calculated a sentence of eighty-seven months in custody under the Sentencing Guidelines. The district court accepted the government’s recommendation, and pursuant to 18 U.S.C. § 3553 (e) (1988), sentenced Vizcarra-Angulo to forty months imprisonment. See United States Sentencing Commission, Guidelines Manual § 5K1.1 (Oct. 15, 1988) (court may depart downward from guidelines upon motion of the government stating defendant has provided sub stantial assistance to authorities; sentence below statutory mandatory minimum may be justified).

Vizcarra-Angulo now asserts that the departure downward to forty months was insufficient because he is functionally illiterate, unsophisticated, and was victimized by his coconspirators. At the sentencing hearing,…