1. The mandatory five year minimum under which Mr. Gomez-Saavedra was sentenced is unconstitutional and contravenes 18 U. S.C. 3661 and 3553(a) because, as applied, it limits the discretion of the trial court to consider other factors in giving a lower sentence. We urge that under Rule 10, of the Rules of the United States Supreme Court, a compelling reason exists for granting this writ because 5th Circuit law on judicial discretion if sentencing does not comply with United States Supreme Court precedent.

Whether the mandatory five-year minimum sentence under which Mr. Gomez-Saavedra was sentenced is unconstitutional and contravenes 18 U.S.C. 3661 and 3553(a) because it limits the discretion of the trial court to consider other factors in giving a lower sentence