UNITED STATES v. VARGAS LUNA (2021)

United States Court of Appeals, Fifth Circuit.2021-07-23No. No. 21-40057

Summary · law.co

Holding. The motion for summary disposition is granted and the district court's judgment is affirmed.

Maria Vargas-Luna appealed her 108-month prison sentence for a cocaine conspiracy charge, arguing that her sentence violated the Sixth Amendment because it relied on facts determined by the district court rather than facts either admitted by her or proven beyond a reasonable doubt to a jury. Vargas-Luna acknowledged in her appeal that this legal argument had already been rejected by precedent and requested that the appellate court dispose of her case summarily without full briefing. The Fifth Circuit determined that Vargas-Luna's concession was well-founded, as prior circuit precedent had foreclosed this exact constitutional challenge to sentencing.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether Sixth Amendment permits sentencing enhancement based on facts not admitted or jury-proven
Application of precedent foreclosing Sixth Amendment sentencing challenges
Propriety of summary disposition in criminal appeals

Procedural posture

Vargas-Luna appealed her district court sentence on Sixth Amendment grounds while conceding the argument was foreclosed by existing precedent.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Appealing the judgment in a criminal case, Maria Vargas-Luna challenges her within-guidelines sentence of 108 months of imprisonment for conspiring to possess with intent to distribute five kilograms or more of cocaine. As the sole issue on appeal, Vargas-Luna contends that the sentence violates her Sixth Amendment rights because its reasonableness depends upon facts found by the district court that were not admitted by her or proven to a jury beyond a reasonable doubt. She concedes that her argument is foreclosed and moves for summary disposition. Vargas-Luna is correct that the issue is foreclosed. See United States v. Hernandez, 633 F.3d 370, 373-74 (5th Cir. 2011). Thus, summary disposition is appropriate. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Accordingly, the motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.

FOOTNOTES

FOOTNOTE

Per Curiam:*

FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.