United States v. Edwin Colon-Ortiz

CAFFREY, Senior District Judge.

The defendant, Edwin Colon-Ortiz, appeals from the district court’s denial of his motion to dismiss and the court’s judgment of conviction. Ortiz entered a conditional plea of guilty to one count of conspiring to distribute more than 500 grams of cocaine in violation of 21 U.S.C. § 846 and one count of distributing more than 500 grams of cocaine in violation of 21 U.S.C. § 841(a)(1). Defendant argues that the penalty language of Section 841(b)(1)(B) violates due process because it provides for two inconsistent penalty schemes. Though we find that the “or both”…