United States v. Guatemala Martinez

MEMORANDUM *

Manuel Guatemala Martinez appeals the district court’s sentence of 188 months in prison following his guilty plea to one count of knowingly and intentionally possessing more than three kilograms of pseudoephedrine in violation of 21 U.S.C. § 841 (c)(2). The facts and procedural history are known to the parties and are not recounted here.

First, we reject defendant’s Sixth Amendment challenge that the district court erred in refusing to grant a 3-level downward departure under U.S. Sentencing Guideline § 2Dl.11(b)(2) after finding defendant knew the pseudoephedrine would be used to manufacture a controlled substance. The denial of a 3-level departure was appropriate, because the district court reasonably inferred (based upon admissions in the plea agreement and during the plea colloquy) that he knew or reasonably believed that the pseudoephedrine in his possession would be used to manufacture methamphetamine. However, given that the application of the guidelines is now discretionary, we remand to the district court to determine if it would have *703 imposed a materially different sentence had it known the guidelines were advisory. See United States v. Ameline, 409…