United States v. Pedro Pichardo Fuentes

Fuentes pled guilty to conspiracy to possess approximately 4.6 kilograms of methamphetamine with the intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. The district court departed downward from the sentencing guideline range and sentenced Fuentes to 10 years in custody and 5 years of supervised release. Fuentes now challenges his sentence, arguing that the judge incorrectly applied the Sentencing Guidelines, and that the Sentencing Guidelines violate due process. The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

Fuentes argues that the judge erred by refusing to grant a two-level reduction for acceptance of responsibility, and incorrectly calculating his criminal history. However, even if the district court had applied the Sentencing Guidelines as Fuentes contends it should have, the applicable sentencing range based on a reduced offense level of 30 and a criminal history category of III, would have been 121 to 151 months. Here, the judge sentenced Fuentes to the statutory minimum of 120 months, a term below that guideline range. Therefore, the disputes…