United States v. Sarmiento-Palacios

HOWARD, Chief Judge.

*3Johnny Sarmiento-Palacios pleaded guilty to two cocaine-related charges under the Maritime Drug Law Enforcement Act ("MDLEA"). On appeal, Sarmiento claims that (1) Congress exceeded its constitutional authority in promulgating the MDLEA; (2) Amendment 794 to the U.S. Sentencing Commission Guidelines ("the Guidelines") is retroactive, so he should be re-sentenced under the Sentencing Commission's amended guidance; or, in the alternative, (3) section 3B1.2 of the Sentencing Guidelines is void for vagueness. Although we find Sarmiento's constitutional challenges to MDLEA and…