United States v. Roberto Martinez, United States of America v. Roberto Martinez

Martinez was found guilty after a jury trial for possession of one kilogram of cocaine with intent to distribute in violation of- 21 U.S.C. § 841 (a)(1) and for using a machinegun and a firearm during and in relation to a drug trafficking offense in violation of 18 U.S.C. § 924 (c)(1). Under 21 U.S.C. § 841 (a)(1), the district court was required to sentence Martinez to a minimum of five years of imprisonment for the narcotics conviction. Under 18 U.S.C. § 924 (c)(1), the court was further required to give Martinez a consecutive sentence of at least thirty years for the machinegun conviction. The district court ruled that the minimum sentence required by statute was in violation of the Eighth Amendment and sentenced Martinez to ten years.

Martinez appeals his conviction on all counts on insufficiency of evidence grounds. He also argues that the district court erred in allowing the government to introduce improperly intercepted communications to impeach his testimony. The government cross-appeals Martinez’ sentence on the ground that the sentence required by statute does not violate the Eighth Amendment. We affirm Martinez’ conviction, vacate the sentence and remand for…