United States v. Jennifer Regenos

Eighth Circuit

United States v. Jennifer Regenos

54 F. App'x 245

CourtCourt of Appeals for the Eighth Circuit

DecidedDecember 27, 2002

Docket02-1960

StatusUnpublished

Cited by4 cases

This text of 54 F. App'x 245 (United States v. Jennifer Regenos) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth 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. Jennifer Regenos, 54 F. App'x 245 (8th Cir. 2002).

Pincite

Opinion

PER CURIAM.

Jennifer Regenos pleaded guilty to conspiring to distribute and possess with intent to distribute more than 50 grams of methamphetamine and more than 500 grams of a substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. The district court 1 sentenced her to 240 months of imprisonment and 10 years of supervised release, as that was the statutory minimum sentence given her prior felony drug conviction. On appeal, counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence amounts to cruel and unusual punishment under the Eighth Amendment.

This argument is unavailing. Section 841 and its mandatory minimum sentencing provisions have consistently withstood constitutional scrutiny. See, e.g., United States v. Mendoza, 121 F.3d 441, 442-43 (8th Cir.1997) (20-year mandatory minimum sentence for distribution of 1 pound of methamphetamine after prior drug conviction was constitutional); United States v. Prior, 107 F.3d 654, 659-60 (8th Cir.) (life sentence without parole for possessing with intent to distribute 1,147.6 grams of methamphetamine after 3 prior drug convictions did not violate Eighth Amendment), cert, denied, 522 U.S. 824, 118 S.Ct. 84, 139 L.Ed.2d 41 (1997); see also Harmelin v. Michigan, 501 U.S. 957, 1001-02, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (Kennedy, J., concurring in part and concurring in the judgment) (Eighth Amendment forbids only sentences grossly disproportionate to crime; life sentence without parole for first offense of possession of less than 1 kilogram of cocaine was not cruel and unusual punishment).

Following our independent review, see Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, the judgment is *246 affirmed. We also grant counsel’s motion to withdraw.

1

. The Honorable Charles R. Wolle, United States District Judge for the Southern District of Iowa.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Jennifer Regenos pleaded guilty to conspiring to distribute and possess with intent to distribute more than 50 grams of methamphetamine and more than 500 grams of a substance containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846. The district court 1 sentenced her to 240 months of imprisonment and 10 years of supervised release, as that was the statutory minimum sentence given her prior felony drug conviction. On appeal, counsel has moved to withdraw and filed a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence amounts to cruel and unusual punishment under the Eighth Amendment.

This argument is unavailing. Section 841 and its mandatory minimum sentencing provisions have consistently withstood constitutional scrutiny. See, e.g., United States v. Mendoza, 121 F.3d 441, 442-43 (8th Cir.1997) (20-year mandatory minimum sentence for distribution of 1 pound of methamphetamine after prior drug conviction was constitutional); United States v. Prior, 107 F.3d 654, 659-60 (8th Cir.) (life sentence without parole for possessing with intent to distribute 1,147.6 grams of methamphetamine after 3 prior drug convictions did not violate Eighth Amendment), cert, denied, 522 U.S. 824, 118 S.Ct. 84, 139 L.Ed.2d 41 (1997); see also Harmelin v. Michigan, 501 U.S. 957, 1001-02, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991) (Kennedy, J., concurring in part and concurring in the judgment) (Eighth Amendment forbids only sentences grossly disproportionate to crime; life sentence without parole for first offense of possession of less than 1 kilogram of cocaine was not cruel and unusual punishment).

Following our independent review, see Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issues. Accordingly, the judgment is *246 affirmed. We also grant counsel’s motion to withdraw.

1

. The Honorable Charles R. Wolle, United States District Judge for the Southern District of Iowa.

Cite This Page — Counsel Stack

Bluebook (online)

54 F. App'x 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-jennifer-regenos-ca8-2002.

Opinion

Related

Cite This Page — Counsel Stack