U.S. v. OAKES

No. 92-30500.

11 F.3d 897 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Jerald J. OAKES, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 10, 1993.


Attorney(s) appearing for the Case

R. John Sloan, Jr., Omak, WA, for defendant-appellant.

Stephanie J. Johnson, Asst. U.S. Atty., Spokane, WA, for plaintiff-appellee.

Before: GOODWIN and HUG, Circuit Judges, McKIBBEN, District Judge.


GOODWIN, Circuit Judge:

Jerald Oakes, Jr. appeals his mandatory minimum sentence of five years imprisonment for violating 21 U.S.C. § 841(a)(1), 21 U.S.C. § 841(b)(1)(B)(vii). Oakes, a first offender, argues (1) that the government violated his due process and equal protection rights by prosecuting his case in federal court; and (2) that his sentence violates the Eighth Amendment because it is disproportionate to his personal history and crime. We reluctantly...

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