Prieto-Romero
United States v. Prieto-Romero
Opinion
Lead Opinion
MEMORANDUM **
On May 19, 2000, Juan Prieto-Romero pled guilty under a written Plea Agreement to conspiracy to possess with intent to distribute and conspiracy to distribute a controlled substance, in violation of 21 U.S.C. §§ 846 and 841(a)(1). As agreed in the Plea Agreement, he received a five-year custodial sentence followed by three years of supervised release. On appeal, Prieto-Romero argues that (1) the district court violated his right to a speedy trial under the Speedy Trial Act, 18 U.S.C. § 3161 , and the Sixth Amendment of the U.S. Constitution; and (2) the district court lacked jurisdiction to sentence him to a five-year term of imprisonment and thereby violated his due process rights as recognized by the Supreme Court in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and now affirm.
Background
In 1996, the Federal Bureau of Investigation began an undercover investigation into the Sandoval/Tijuana cartel, a drug trafficking organization. Through authorized wiretaps, the FBI learned that on three occasions, Prieto-Romero drove a horse trailer loaded with marijuana into…