United States v. Jerry Sciacca, Sr.

McMILLIAN, Circuit Judge.

Jerry Sciacca, Sr. appeals from a final judgment entered in the District Court 1 for the Western District of Arkansas upon his plea of guilty to possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). The district court sentenced appellant under the Federal Sentencing Guidelines (Guidelines) to a term of 60 months imprisonment. Appellant appeals the imposition of sentence only, arguing that the Guidelines are unconstitutional. Appellant argues that the Guidelines violate the separation of powers and the due process guarantees of the…