United States v. Manuel Martinez Gallegos and Guillermo Madrid-Mutio

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Manuel Martinez Gallegos and Guillermo Madrid-Mutio each pled guilty to conspiring to import more than 100 grams of heroin into the United States. See 21 U.S. C. §§ 952(a), 960(a)(1), and 963. On appeal, they challenge only their sentences. Both defendants contend that the sentencing guidelines are unconstitutional. Madrid-Mutio also contends that he was entitled to a reduction in his offense level because he was a minor or minimal participant in the crime, and that the district court should have made a downward departure from the guideline sentence.…