United States v. Ramon Haro Ramos

Appellant, Ramon Ramos, was convicted of conspiring to distribute, and of distributing, more than 500 grams of cocaine, in violation of 21 U.S.C. § 846 (Count I), 21 U.S.C. §§ 841 (a)(1) and (b)(1)(B), and in violation of 18 U.S.C. § 2 (Count II). He was convicted under 18 U.S.C. §§ 924 (c) and 2 (Count III), for carrying and using a firearm during and in relation to narcotics trafficking.

Appellant was sentenced to five years’ imprisonment on each count, with terms on Counts I and II to run concurrently.

Ramos timely appeals. He claims that (1) his conviction on Count III should be reversed, since the district court failed to define “in relation to,” under 18 U.S.C. § 924 (c)(1); (2) his five-year mandatory minimum sentence under 21 U.S.C. § 841 (b)(1)(B) violates due process and equal protection; and (3) his mandatory minimum sentence offends the eighth amendment’s prohibition on “cruel and unusual punishment.”

We affirm.

I

Ramos met co-conspirator Ellis in late February 1987. According to Ellis, Ramos indicated that he had recently received narcotics from a cousin in California. Ramos asked Ellis to assist him in distributing cocaine. Ellis indicated a willingness to do so…