United States v. Sharon Cook

Sharon Cook appeals her sentence, imposed by the district court pursuant to 21 U.S.C. § 960 (b)(2)(B)(ii) (Supp. IV 1986), of imprisonment for a minimum of five years without parole in addition to a term of supervised release of at least four years. She argues that her sentence violates the eighth amendment. We affirm.

I

On April 7, 1987, after a brief trip to Tijuana, Mexico, Cook was arrested at the pedestrian Customs Port of Entry as she was reentering the United States. Under the girdle she was wearing were two large packages containing 1882 grams of 87% pure cocaine. Cook was indicted for violations of 21 U.S.C. §§ 952 and 960 (1982 & Supp. IV 1986) (importation of a controlled substance) and 21 U.S.C. § 841 (a)(1) (1982) (possession of cocaine with intent to distribute). On July 28, 1987 she pled guilty to violating §§ 952(a) and 960 and was sentenced pursuant to § 960(b)(2)(B)(ii). After sentencing, the count of the indictment charging Cook with possession of cocaine with intent to distribute was dismissed.

II

Relying on Solem v. Helm, 463 U.S. 277 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983), Cook argues that her mandatory five year sentence violates the eighth amendment…