United States v. Jose Luis Barreto

POLITZ, Circuit Judge:

Convicted of conspiracy to distribute cocaine, possession with intent to distribute cocaine, and distribution of cocaine, 21 U.S. C. §§ 846 and 841(a)(1), Jose Luis Barreto appeals, contending that the sentencing statute, commission, and guidelines are unconstitutional and that the trial court erred in its application of the guidelines. Finding the first challenge foreclosed by a recent Supreme Court ruling, and neither error of law nor clearly erroneous finding of fact in the sentencing procedure, we affirm.

Background

Barreto owned and operated “Joe’s Cottonwood Club,” a…