United States v. Jose A. Garcia

EBEL, Circuit Judge.

As stated by the government, this case involves “one of the few times that [the judicial process] sort of breaks down into a non- adversarial system.” After pleading guilty to distribution of cocaine, the district court sentenced Defendant Jose A. Garcia to 72 months imprisonment over the objections of both Defendant’s attorney and the prosecuting attorney, who together sought a lower sentence. Defendant now appeals his sentence, arguing that: (1) the court violated separation of powers principles by enhancing his sentence over the government’s objections; and (2) the…