Maria Vargas-Luna v. United States
Environmental SocialSecurity Securities Immigration
Whether Petitioner's sentence violates the Sixth Amendment
QUESTION PRESENTED Petitioner pleaded guilty to conspiracy to possess with intent to distribute a controlled substance. She admitted to the district court that approximately 10 kilograms of cocaine were found in the search of her house. Based on her criminal history, her acceptance of responsibility, and safety valve adjustment, this conduct would subject her to an advisory federal Sentencing Guidelines range of 57 to 71 months. Regardless, the court, based on its own fact-finding, held the Petitioner responsible for an additional 140 kilograms of cocaine. This judge-found fact subjected the Petitioner to an advisory Guidelines range of 108 to 135 months, and ultimately resulted in her sentence of 108 months. The question presented is whether Petitioner’s sentence violates the Sixth Amendment because its reasonableness depends upon a fact found by the court that was not admitted by the Petitioner or proved to a jury beyond a reasonable doubt. i