District court did not err or abuse its discretion in imposing the statutory mandatory minimum sentence, and defendant’s request that the statute be declared unconstitutional as applied to him is rejected, as he has not supplied any supporting argument and did not present a constitutionally based argument in the district court. 

Read US v. Cirilo-Munoz, No. 08-1830

Appellate Information

Appeal from the United State District Court for the District of Puerto Rico

Decided September 4, 2009

Judges

Before Torruella,  Stahl, and Lipez, Circuit Judges.    Per Curium Opinion.

Counsel

For Appellant: Rafael Anglada-López

For Appellee:   Nelson Pérez-Sosa, Assistant U.S. Attorney, Julia M. Meconiates, Assistant U.S. Attorney, and Rosa Emilia Rodriguez-Velez, United States Attorney

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