United States v. Francisco De Luna-Trujillo

ALVIN B. RUBIN, Circuit Judge:

The district court imposed on a defendant who had pled guilty to a criminal offense a sentence that was beyond the range generally applicable, as established by the Sentencing Guidelines promulgated by the United States Sentencing Commission. Because the guidelines sanction this departure from the guideline range, we affirm the sentence.

Francisco De Luna-Trujillo pled guilty in 1988 to conspiring to possess 200 pounds of marijuana. Under the guidelines, a defendant’s sentence is calculated on a grid based upon his offense level and criminal history category. The…