United States v. Herrera-Gonzalez

United States Court of Appeals
for the Fifth Circuit

No. 20-40148
Summary Calendar

United States of America,

Plaintiff—Appellee,

versus

Alberto Alejandro Herrera-Gonzalez,

Defendant—Appellant.

Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:19-CR-308-1

Before Higginbotham, Jones, and Costa, Circuit Judges.
Per Curiam:*
Alberto Alejandro Herrera-Gonzalez appeals his sentence to 165
months of imprisonment and five years of supervised release following his
guilty-plea conviction of conspiring to possess with intent to distribute more
than 500 grams of methamphetamine. He contends that the United States

*
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opinion should not be published and is not precedent except under the limited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.
United States Court of Appeals
Fifth Circuit
FILED
October 20, 2020

Lyle W. Cayce
Clerk
Case: 20-40148 Document: 00515608602 Page: 1 Date Filed: 10/20/2020

No. 20-40148
2
Sentencing Guidelines represent an unconstitutional delegation of
congressional authority. While Herrera-Gonzalez acknowledges this
argument is foreclosed by Mistretta v. United States, 488 U.S. 361 (1989), he
nevertheless seeks to preserve it.
The Supreme Court held in Mistretta that “Congress’ delegation of
authority to the Sentencing Commission is sufficiently specific and detailed
to meet constitutional requirements.” 488 U.S. at 374. Herrera-Gonzalez’s
argument is indeed foreclosed, and summary affirmance is appropriate. See
Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).
Accordingly, the Government’s motion for summary affirmance is
GRANTED; the Government’s alternative motion for an extension of time
to file a brief is DENIED, and the judgment of the district court is
AFFIRMED.
Case: 20-40148 Document: 00515608602 Page: 2 Date Filed: 10/20/2020