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  • United States v. Richard Leon Cooper, 952 F.2d 397, 4th Cir. (1991)

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    Richard Cooper pled guilty to conspiracy to distribute over 1000 kilograms of marijuana and received the mandatory minimum sentence of ten years in prison. He appealed his sentence, arguing that mandatory minimum sentences are unconstitutional because they deny individualized sentencing and can result in disproportionate punishment. The Fourth Circuit Court of Appeals affirmed the district court's sentence, finding that there is no constitutional right to individualized sentencing except in death penalty cases. The Court also held that Congress may enact mandatory sentencing laws without violating due process, and that mandatory minimum sentences under 21 U.S.C. § 841 do not violate the Eighth Amendment's ban on cruel and unusual punishment.

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    Filed: 1991-12-23 Precedential Status: Non-Precedential Citations: 952 F.2d 397 Docket: 91-5555

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    Richard Cooper pled guilty to conspiracy to distribute over 1000 kilograms of marijuana and received the mandatory minimum sentence of ten years in prison. He appealed his sentence, arguing that mandatory minimum sentences are unconstitutional because they deny individualized sentencing and can result in disproportionate punishment. The Fourth Circuit Court of Appeals affirmed the district court's sentence, finding that there is no constitutional right to individualized sentencing except in death penalty cases. The Court also held that Congress may enact mandatory sentencing laws without violating due process, and that mandatory minimum sentences under 21 U.S.C. § 841 do not violate the Eighth Amendment's ban on cruel and unusual punishment.

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    United States v. Richard Leon Cooper, 952 F.2d 397, 4th Cir. (1991)

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    Richard Cooper pled guilty to conspiracy to distribute over 1000 kilograms of marijuana and received the mandatory minimum sentence of ten years in prison. He appealed his sentence, arguing that mandatory minimum sentences are unconstitutional because they deny individualized sentencing and can result in disproportionate punishment. The Fourth Circuit Court of Appeals affirmed the district court's sentence, finding that there is no constitutional right to individualized sentencing except in death penalty cases. The Court also held that Congress may enact mandatory sentencing laws without violating due process, and that mandatory minimum sentences under 21 U.S.C. § 841 do not violate the Eighth Amendment's ban on cruel and unusual punishment.

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    of 2

    952 F.

    2d 397

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    Richard Leon COOPER, Defendant-Appellant.
    No. 91-5555.

    United States Court of Appeals, Fourth Circuit.


    Submitted Dec. 5, 1991.
    Decided Dec. 23, 1991.

    Appeal from the United States District Court for the District of Maryland,
    at Baltimore. Joseph C. Howard, District Judge. (CR-90-222-JH)
    Jack B. Rubin, JACK B. RUBIN, P.A., Baltimore, Md., for appellant.
    Richard D. Bennett, United States Attorney, Robert E. Sims, Assistant
    United States Attorney, Baltimore, Md., for appellee.
    D.Md.
    AFFIRMED.
    Before DONALD RUSSELL, MURNAGHAN and NIEMEYER, Circuit
    Judges.
    OPINION
    PER CURIAM:

    Richard Leon Cooper pled guilty to conspiracy to distribute over 1000


    kilograms of marijuana (21 U.S.C. 846 (1988)) and received the mandatory
    minimum sentence of ten years. He appeals his sentence, contending that

    mandatory minimum sentences are unconstitutional. Cooper argues that,


    because the district court was required to impose the mandatory minimum
    sentence, he was denied an individualized sentence and the sentence he
    received was disproportionate to his relative culpability in the offense in
    violation of the Eighth Amendment.
    2

    These contentions are without merit. There is no right to individualized


    sentencing except in death penalty cases, Harmelin v. Michigan, 59 U.S.L.W.
    4839 (U.S.1991), and Congress may enact mandatory and determinate
    sentencing laws without violating due process. United States v. Bolding, 876
    F.2d 21 (4th Cir.1989). This Court has previously held that the mandatory
    minimum sentences required by 21 U.S.C.A. 841 (West 1981 & Supp.1991)
    do not violate the Eighth Amendment. United States v. Whitehead, 849 F.2d
    849 (4th Cir.), cert. denied, 488 U.S. 983 (1988).

    We therefore affirm the judgment of the district court. We dispense with oral
    argument because the facts and legal contentions are adequately presented in
    the materials before the Court and argument would not aid the decisional
    process.

    AFFIRMED.

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