U.S. v. Valdez

Federal 7th Circuit Court
Criminal Court
Citation
Case Number: 
No. 13-1811
Decision Date: 
January 13, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Dist. Ct. did not err in sentencing defendant’s 140-month term of incarceration on drug distribution charge, where said sentence was based, in part, on Dist. Ct.’s finding defendant was accountable for more than 3 kilograms of heroin, and where defendant admitted responsibility for only 700 grams of heroin that had statutory minimum sentence of 5 years. No Alleyne violation occurred, even though 3 kilograms of heroin would support higher statutory minimum sentence of 10 years, where Dist. Ct. did not indicate that its sentencing discretion was cabined by 10-year statutory minimum sentence. Moreover, Ct. rejected defendant’s contention that under Alleyne, all drug quantity determinations under Sentencing Guidelines must be submitted to jury.