United States v. Patricia Delgado-Cardenas Rosario De Fatima Gonzalez

The Government appeals from the sentences of 72 months’ imprisonment imposed upon Patricia Delgado Cardenas and Rosario De Fatima Gonzalez, who pleaded guilty to possession of 6,570 grams of heroin with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). The mandatory minimum sentence provided by 21 U.S.C. § 841 (b)(1)(A), for violations of section 841(a) involving more than one kilogram of heroin, is ten years. The Government did not move for reduction in the sentences pursuant to 18 U.S.C. § 3553 (e), which provides for the defendants’ substantial assistance, or pursuant to Section 5K1.1 of the Sentencing Guidelines, which implements 18 U.S.C. § 3553 (e). United States v. Keene, 933 F.2d 711, 714 (9th Cir.1991). However, the court, acting sua sponte, reduced the sentences.

The issues presented on appeal are whether the district court had authority to review the Government’s decision not to file a substantial assistance motion, and whether the court erred by imposing terms of imprisonment below the ten-year minimum statutory term.

The district court had jurisdiction under 18 U.S.C. § 3231 . The Court of Appeals has jurisdiction to consider the Government’s timely…