United States v. John William Thomas

TACHA, Circuit Judge.

This is an appeal from a sentence imposed by the United States District Court for the District of New Mexico, applying the Sentencing Guidelines, 18 U.S.C. app. §§ 1B1.1-7A1.4 (guidelines). The issue on appeal is whether the guidelines violate the due process clause of the fifth amendment. With respect to the arguments raised in this appeal we hold that they do not and affirm. 1

John William Thomas was found guilty by jury verdict of possession with intent to distribute more than fifty kilograms of marijuana in violation of 21 U.S.C. § 841(a)(1), (b)(1)(C). After the jury…