United States v. Alejo Cruz-Mejias

396 F. App'x 593
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 16, 2010
Docket10-10342
StatusUnpublished

This text of 396 F. App'x 593 (United States v. Alejo Cruz-Mejias) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Alejo Cruz-Mejias, 396 F. App'x 593 (11th Cir. 2010).

Opinion

PER CURIAM:

Appellant Alejo Cruz-Mejias appeals his 60-month sentence, which was the statutory mandatory minimum sentence, imposed for manufacturing and possessing with intent to distribute 100 or more marijuana plants, in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(B)(vii). On appeal, Cruz-Mejias argues that his sentence violates the Equal Protection Clause, the Due Process *595 Clause, and the Eighth Amendment’s prohibition against cruel and unusual punishment. However, because Cruz-Mejias did not raise these arguments before the district court, we review them for plain error. United States v. Peters, 408 F.8d 1263, 1270 (11th Cir.2005). Under plain-error review, a defendant must prove that there is: (1) error, (2) that is plain, and (3) that affects substantial rights. Id. at 1271. If all three of these conditions are met, we can “rectify the error only if it seriously affects the fairness, integrity, or public reputation of judicial proceedings.” Id. (internal quotation marks omitted).

I.

First, Cruz-Mejias argues that § 841(b)(l)’s minimum mandatory sentencing scheme that allows for a downward departure only for those defendants who are able to provide substantial assistance violates the Equal Protection Clause of the U.S. Constitution. Specifically, Cruz-Mejias asserts that limiting a downward departure to only those defendants who can provide substantial assistance is not rationally related to the 18 U.S.C. § 3553(a) factors and that it is illogical to say that a first time nonviolent offender, such as himself, cannot receive a downward departure.

We have acknowledged that the Supreme Court has established “that the Due Process Clause of the Fifth Amendment impliedly imposes the same obligations on the federal government as does the Equal Protection Clause on the states.... ” United States v. Houston, 456 F.3d 1328, 1335 n. 5 (11th Cir.2006). Accordingly, “any alleged violations of those obligations are analyzed in the same way as an alleged violation of the Equal Protection Clause by a state actor.” Id. “The central mandate of the equal protection guarantee is that the sovereign may not draw distinctions between individuals based solely on differences that are irrelevant to a legitimate government objective.” Lofton v. Sec’y of Dep’t of Children and Family Servs., 358 F.3d 804, 817 (11th Cir.2004) (internal quotation marks and alteration omitted). Thus, the Equal Protection Clause “simply keeps governmental decisionmakers from treating differently persons who are in all relevant respects alike.” Id. at 818 (internal quotation marks omitted). “Unless the challenged classification burdens a fundamental right or targets a suspect class, the Equal Protection Clause requires only that the classification be rationally related to a legitimate state interest.” Id.

In Musser, we reviewed the defendants’ equal protection challenge to § 841(b)(1)(B). United States v. Musser, 856 F.2d 1484 (11th Cir.1988). There, the defendants argued that § 841’s substantial-assistance provisions violated the equal protection component of the Fifth Amendment because defendants without sufficient knowledge could not receive downward departures for substantial assistance. Id. at 1486-87. Because § 841 “does not discriminate on the basis of race or a suspect class,” we reviewed the statute for a rational basis. Id. at 1487. In rejecting the defendants’ challenge, we stated:

Congress’ desire to ferret out drug kingpins is obviously served by encouraging those with information as to the identity of kingpins to disclose such information. Hence, there is a rational relationship between the statute and Congress’ purpose. Moreover, all “minor” figures, are treated similarly by the statute, which belies any claim of unequal treatment.

Id.

Based on our review of the record, we conclude that Cruz-Mejias has not demonstrated that the district court plainly erred by failing to find that § 841(b)(l)’s mandatory minimum sentencing scheme violates *596 the equal protection component of the Fifth Amendment. Accordingly, we affirm as to this issue.

II.

Second, Cruz-Mejias argues that § 841(b)(l)’s mandatory minimum sentencing structure violates the Fifth Amendment’s Due Process Clause. Specifically, he asserts that the imposition of a mandatory minimum sentence without the availability to receive a downward departure deprived him of substantive due process.

After a person has been convicted of a crime, the sentencing court may impose whatever penalty is authorized by statute so long as the penalty is not cruel and unusual punishment “and so long as the penalty is not based on an arbitrary distinction that would violate the Due Process Clause of the Fifth Amendment.” Chapman v. United States, 500 U.S. 453, 465, 111 S.Ct. 1919, 1927, 114 L.Ed.2d 524 (1991). Overall, the Supreme Court has noted that arguments based on due process and equal protection essentially duplicate each other because the only review is usually whether Congress had a rational basis for choosing an offense’s penalty. Id.; see also Nebbia v. New York, 291 U.S. 502, 537, 54 S.Ct. 505, 516, 78 L.Ed. 940 (1934) (holding that due process is not violated if the challenged law has “a reasonable relation to a proper legislative purpose” and is “neither arbitrary nor discriminatory”). Consequently, when reviewing both due process and equal protection challenges to a statute, we look to whether the statute has a rational basis. See United States v. Solomon, 848 F.2d 156, 157 (11th Cir.1988); United, States v. Holmes, 838 F.2d 1175, 1177-78 (11th Cir.1988).

In Holmes, we rejected the defendant’s due process challenge to § 841(b)(1)’s sentencing scheme. 838 F.2d at 1177-78. There, we held that § 841(b)(l)’s penalties “were rationally related to the [Anti-Drug Abuse Act of 1986’s] objective of protecting the public health and welfare by implementing stiff and certain penalties for those who violate federal drug laws.” Id. at 1177. Furthermore, in Solomon,

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Related

United States v. Michael Johnson
451 F.3d 1239 (Eleventh Circuit, 2006)
United States v. Alonzo Houston
456 F.3d 1328 (Eleventh Circuit, 2006)
Nebbia v. New York
291 U.S. 502 (Supreme Court, 1934)
Chapman v. United States
500 U.S. 453 (Supreme Court, 1991)
Harmelin v. Michigan
501 U.S. 957 (Supreme Court, 1991)
United States v. Tam Henry Holmes
838 F.2d 1175 (Eleventh Circuit, 1988)
United States v. Deon Patrick Solomon
848 F.2d 156 (Eleventh Circuit, 1988)

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396 F. App'x 593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-alejo-cruz-mejias-ca11-2010.