U.S. v. BAKER

No. 04-4172.

415 F.3d 880 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Kerry L. BAKER Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2005.


Attorney(s) appearing for the Case

Michael A. Nelsen, Omaha, NE, for appellant.

Robert Francis Cryne, Assistant U.S. Attorney, Omaha, NE (Michael G. Heavican, on the brief), for appellee.

Before MELLOY, HEANEY, and GRUENDER, Circuit Judges.


MELLOY, Circuit Judge.

Kerry L. Baker appeals his sentence following his conviction for conspiring to distribute over fifty grams of cocaine base. Mr. Baker had a prior felony drug conviction, and he received the mandatory minimum sentence of twenty years under 21 U.S.C. § 841(b). He argues that, on the facts of his case, a twenty-year mandatory minimum sentence is disproportionate to the crime and comprises cruel and unusual punishment in violation of the Eighth...

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