United States v. Pedro Serpa

Pedro Serpa appeals the district court’s order denying his 28 U.S.C. § 2255 motion for resentencing. We affirm.

After his conviction for conspiracy to possess with intent to distribute cocaine, Serpa convinced the district court to hold the sentencing guidelines unconstitutional. The district court then sentenced Serpa to fifteen years imprisonment. Following the Supreme Court’s decision in Mistretta v. United States, 488 U.S. 361, 109 S.Ct. 647, 102 L.Ed.2d 714 (1989) (holding sentencing guidelines constitutional), this court reversed the district court’s holding that the guidelines were…