United States v. Jose Chaidez

Jose Chaidez appeals his sentence following conviction for conspiracy to possess heroin with intent to distribute, in violation of 21 U.S.C. § 846 and for using a firearm in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924 (c)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Chaidez’s challenge to his sentence stems from the district court’s application of 18 U.S.C. § 924 (c)(1), which provides in pertinent part:

Chaidez committed his offenses prior to November of 1988, when “drug trafficking crime” was defined as “any felony violation of Federal law involving the distribution, manufacture, or importation of any controlled substance_” 18 U.S.C. § 924 (c)(2). “Distribute” was further defined as “to deliver (other than by administering or dispensing) a controlled substance,” 21 U.S.C. § 802 (11) and “deliver” was defined as “the actual, constructive, or attempted transfer of a controlled substance,” 21 U.S.C. § 802 (8).

Chaidez claims that (1) the definition of “drug trafficking crime” as used in section 924(c)(2) was unconstitutionally vague and overbroad; (2) section 924(c)(1) violates the separation of powers doctrine because it provides…