United States v. Jose Pelayo-Bautista, United States of America v. Leobardo Cardenas-Payan

Jose Pelayo-Bautista (Pelayo) and Leo-bardo Cardenas-Payan (Cardenas) appeal from sentences of 24 months’ imprisonment imposed under the Sentencing Reform Act of 1984, as amended, 18 U.S.C. §§ 3551-3586 (1988), after they entered pleas of guilty to possession of marijuana with the intent to distribute in violation of 21 U.S.C. § 841 (a)(1). On appeal, Pelayo and Cardenas argue that the district court abused its discretion in rejecting the government’s sentencing recommendation of 21 months. We must decide whether this court has jurisdiction to review a sentence that is within the applicable range under the Sentencing Guidelines.

PERTINENT FACTS

Prior to their arrest, Pelayo and Cardenas were involved in a drug-smuggling operation. Agents at a border patrol checkpoint seized 110 pounds of marijuana from Pelayo’s vehicle, and 124 pounds of marijuana from Cardenas’ vehicle. The indictment charged each defendant with one count of conspiring to possess marijuana with intent to distribute and one count of possession of marijuana with intent to distribute. Defendants filed motions to suppress the marijuana, but withdrew them and entered pleas of guilty to the possession…