United States v. Lawrence J. Kidder

Kidder pleaded guilty to possession, with intent to distribute, of at least 500 grams of cocaine, in violation of 21 U.S.C. § 841 (b)(1)(B). This offense carries a minimum penalty of five years in prison. The district court rejected Kidder’s constitutional challenges to the sentencing provisions and imposed the minimum sentence. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

As part of an undercover operation, Special Agent Joseph Daly of the Drug Enforcement Administration met with Steven Dahl and Mark Hecock (Kidder’s codefend-ants) on March 20,1987 in order to arrange a sale of cocaine. After discussing a proposed sale of two kilograms, Agent Daly waited while Dahl and Hecock went to obtain the cocaine from the appellant, Lawrence Joseph (“Joe”) Kidder. Upon returning, Agent Daly, Dahl, and Hecock had further discussions at a restaurant concerning possible future drug transactions. The three then went out to a car, where Dahl opened a briefcase containing almost two kilograms of cocaine. Both Dahl and Hecock were then arrested. After waiving his Miranda rights, Dahl admitted obtaining the cocaine, and identified Kidder as the source of his supply. Shortly thereafter, Kidder…