United States v. Kemo Dowe

539 F. App'x 992

• Court: Court of Appeals for the Eleventh Circuit
• Decided: November 6, 2013
• Docket: 12-15605
• Status: Unpublished

Opinion

PER CURIAM:

Kemo Dowe appeals his 240-month, mandatory minimum sentence, imposed after he pleaded guilty to one count of conspiring to distribute and possess with intent to distribute cocaine, cocaine base, marijuana, 4-Methylenedioxymethamphe-tamine (“MDMA”), and N-Benzylpipera-zine (“BZP”), in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(A)(iii), (b)(1)(C); and 846. In this appeal and for the first time, Dowe argues that the sentence (which was enhanced due to a prior cocaine conviction) constitutes cruel and unusual punishment.

For an error to be plain, it must be “contrary to explicit statutory provisions or to on-point precedent in this Court or the Supreme Court.” United States v. Hoffman, 710 F.3d 1228, 1281-32 (11th Cir.2013). The district court did not commit plain error. This Court’s precedent has established the validity of mandatory minimum sentences imposed based on pri- or convictions. And Dowe failed to show that his sentence was grossly disproportionate. For background, see United States v. Lopez, 649 F.3d 1222, 1248 (11th Cir.2011); United States v. Farley, 607 F.3d 1294 (11th Cir.2010); United States v. Brant, 62 F.3d 367 (11th Cir.1995).

AFFIRMED.