Legal Opinion
United States v. Robert Huerta
Court of Appeals for the Second Circuit
Decided June 28, 1989No. 1015, Docket 88-1362PublishedCited by 106 opinions
1Opinion of the Court
WINTER, Circuit Judge:
This appeal involves the constitutionality of 18 U.S.C. § 3553(e) (West Supp.1988), which states that “upon motion of the government” a defendant may be eligible for a sentence below the statutory minimum for providing substantial assistance to the government. Appellant Huerta contends that the provision violates the separation of powers and the due process guarantee. We disagree and affirm.
BACKGROUND
Huerta was arrested on December 10, 1987 after he had arranged for the sale and delivery of one kilogram of cocaine to a confidential informant of the Drug Enforcement…
2Cases cited18 opinions
- Santobello v. New YorkSupreme Court of the United States · 1971
- United States v. NixonSupreme Court of the United States · 1974
- Mistretta v. United StatesSupreme Court of the United States · 1989
- United States v. BatchelderSupreme Court of the United States · 1979
- United States v. AddonizioSupreme Court of the United States · 1979
13 more not listed; retrieve them via the Exa API.
3Cited by106 opinions
- United States v. Gerald Levy (89-5980) and Calvin Black (89-6099)Court of Appeals for the Sixth Circuit · 1990
- United States v. Julio La Guardia, United States of America v. Eredia Josefa Jimenez-MinallaCourt of Appeals for the First Circuit · 1990
- United States of America, Appellee-Cross-Appellant v. Jose Gonzalez, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1992
- Billis v. StateWyoming Supreme Court · 1990
- United States v. Edward X. MondelloCourt of Appeals for the Ninth Circuit · 1991
101 more not listed; retrieve them via the Exa API.