From Casetext: Smarter Legal Research

U.S. v. Alamillo

United States Court of Appeals, Tenth Circuit
Aug 13, 1991
941 F.2d 1085 (10th Cir. 1991)

Summary

affirming district court's denial of motion for relief under § 2255 and rejecting defendant's claim that the sentencing court's imposition of a period of supervised release following a three-year term of imprisonment violated double jeopardy principles

Summary of this case from Ellis v. Garcia

Opinion

No. 91-1129.

August 13, 1991.

Michael J. Norton, U.S. Atty. and James P. Moran, Asst. U.S. Atty., Denver, Colo., on the brief, for plaintiff-appellee.

Felipe Alamillo, pro se.

Appeal from the United States District Court for the District of Colorado.

Before LOGAN, MOORE, and BALDOCK, Circuit Judges.


After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

This is an appeal from the denial of a motion for relief under 28 U.S.C. § 2255. See United States v. Alamillo, 754 F. Supp. 827 (D.Colo. 1990). Appellant, Felipe Alamillo, contends the district court erred in not vacating his sentence because the sentence includes a provision for supervised release. We affirm.

Mr. Alamillo was convicted on three counts relating to the possession and distribution of marijuana and sentenced to concurrent thirty-three month terms. In addition, the district court imposed a three-year term of supervised release under 18 U.S.C. § 3583.

In his § 2255 motion in the district court, Mr. Alamillo argued supervised release violates the constitutional prohibition of double jeopardy; constitutes cruel and unusual punishment; violates his rights to free association, due process, and equal protection; and, is an impermissible "bill of attainder." In a supplemental pleading, Mr. Alamillo argued in the imposition of sentence the district court violated Fed.R.Crim.P. 11(c)(1). We agree with the district court's disposition of those issues and affirm substantially for the reasons set forth in the court's published order.

On appeal, Mr. Alamillo raises an argument not presented to the district court. He contends the Sentencing Reform Act of 1984 is invalid because it violates the constitutional requirement of separation of powers. While we do not ordinarily consider arguments raised for the first time on appeal, United States v. Orr, 864 F.2d 1505, 1508 (10th Cir. 1988), we note the issue is without merit. Mistretta v. United States, 488 U.S. 361, 412, 109 S.Ct. 647, 102 L.Ed.2d 714 (1989).

AFFIRMED.


Summaries of

U.S. v. Alamillo

United States Court of Appeals, Tenth Circuit
Aug 13, 1991
941 F.2d 1085 (10th Cir. 1991)

affirming district court's denial of motion for relief under § 2255 and rejecting defendant's claim that the sentencing court's imposition of a period of supervised release following a three-year term of imprisonment violated double jeopardy principles

Summary of this case from Ellis v. Garcia
Case details for

U.S. v. Alamillo

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. FELIPE ALAMILLO…

Court:United States Court of Appeals, Tenth Circuit

Date published: Aug 13, 1991

Citations

941 F.2d 1085 (10th Cir. 1991)

Citing Cases

U.S. v. Robinson

This, he contends, is an impermissible exercise of judicial power by the legislative branch. We have…

U.S. v. Murphy

In the district court proceedings, Ms. Murphy did not raise the first two claims that she now advances in her…