UNITED STATES v. ARRIETA

No. 87-5691.

855 F.2d 804 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Abel ARRIETA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 21, 1988.


Attorney(s) appearing for the Case

Theodore J. Sakowitz, Federal Public Defender, Miami, Fla., Charles Wishna, Asst. Fed. Public Defender, for defendant-appellant.

Dexter W. Lehtine, U.S. Atty., Miami, Fla., William F. Jung, David O. Leiwant, Linda Collins Hertz, Asst. U.S. Attys., for plaintiff-appellee.

Before HILL and ANDERSON, Circuit Judges, and THOMAS, Senior District Judge.


PER CURIAM:

The appellant, Abel Arrieta, was convicted in the district court on charges of distribution and conspiracy to distribute cocaine, and he was sentenced to seven years of imprisonment on each count. On appeal, he challenges the constitutionality of the mandatory minimum sentence provision contained in 21 U.S.C. § 841, and the "substantial assistance" provision, 18 U.S.C. § 3553(e), pursuant to which the government may move the court for a sentence...

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