United States v. Armando Martinez-Cortez

Alejandro Sigueiros-Lopez, a.k.a. Armando “Alex” Martinez-Cortez, appeals his sentence on the grounds that the Sentencing Commission violated its congressional mandate in formulating the Sentencing Guidelines and that the General Accounting Office study of the Guidelines’ potential impact was a sham. We affirm.

I. PACTS

On September 6, 1989, appellant Armando Martinez-Cortez entered a plea of guilty to Count 4 of a superceding information charging possession of approximately 466.1 kilograms of cocaine with intent to distribute, and aiding and abetting, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . The sentencing range for Appellant’s offense under the Guidelines was 151 to 188 months in custody. The district court actually sentenced appellant to 151 months imprisonment to be followed by 5 years of supervised release. The district court also imposed a $17,500 fine, to be paid immediately. On appeal, Martinez-Cortez asserts that the Guidelines, which formed the basis of his sentence, are unconstitutional.

II. DISCUSSION

A. THE CONGRESSIONAL MANDATE

1. Separate Type-of-Sentence Guideline

Appellant asserts that the Sentencing Commission ignored the legislative…