United States v. Douglas Jensen

It was an excess of speed that initially brought him to the attention of authorities, but bad news eventually caught up with Defendant-Appellant Douglas Jensen (“Jensen”). Jensen was convicted for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and sentenced to life imprisonment without parole under 21 U.S.C. § 841 (b)(1)(A) and 21 U.S.C. § 851 (a)(1). On appeal, Jensen contends that the district court erred in denying his motion under Fed.R.Crim.P. 12(b)(3) to suppress the evidence seized from his vehicle and residence on the grounds that his arrest and the seizure of his vehicle were executed without probable cause and, accordingly, all of the evidence in the case was seized in violation of the Fourth Amendment.

Jensen also appeals his sentence on the ground that the sentencing scheme under which he was sentenced, 21 U.S.C. § 841 (b)(1)(A) and 21 U.S.C. § 851 (a)(1), is unconstitutional insofar as it violates: (1) the constitutional separation of powers and non-delegation doctrines; (2) Jensen’s due process rights; and (3) the Eighth Amendment’s prohibition on cruel and unusual punishment.

We have jurisdiction pursuant to 28…