United States v. Narcisa Savinovich

Savinovich appeals her convictions for possession of cocaine with intent to distribute and for attempted distribution, raising evidentiary issues. Savinovich also argues that the statute under which she was sentenced is constitutionally infirm because it classifies punishment according to quantity of cocaine possessed without regard to its purity. Finally, she contends that her mandatory five year sentence is cruel and un usual punishment. We disagree with her contentions and affirm the convictions.

BACKGROUND

Narcisa Savinovich and her husband, Rafael Villalobos-Padilla (“Villalobos”) were charged in an indictment with (1) conspiracy to distribute cocaine; (2) possession of cocaine with intent to distribute; and (3) attempted distribution of cocaine, all in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Villalobos pleaded guilty and received a ten-year sentence. Savinovich pleaded not-guilty and was tried before a jury.

The jury heard testimony that a police informant agreed to buy two kilograms of cocaine from Villalobos and Gustavo Martinez, a waiter at a restaurant owned by Savinovich. The agreed price was $68,000. There was evidence that two kilograms of cocaine comprise…