U.S. v. Syms

Dist. Ct. did not err in sentencing defendant to 151-month term of incarceration on drug conspiracy charge, which carried 120-month mandatory minimum sentence. Ct. rejected defendant’s argument that instant mandatory minimum sentence violated separation of powers doctrine by granting prosecutors sole discretion in deciding whether to pursue charges that carry mandatory minimum sentences. Moreover, defendant waived any argument regarding propriety of Dist. Ct.’s finding, as relevant conduct, that defendant had been involved in distributing 61.8 kilograms of cocaine, where defendant affirmatively withdrew his objections to similar finding in presentence report. Also, defendant did not qualify for safety-valve provision contained in section 5C1.2 of Sentencing Guidelines, where Dist. Ct. found that defendant was manager/supervisor of drug conspiracy, and where defendant failed to challenge said finding in Dist. Ct.