United States v. Hector Blanco

892 F.2d 84 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee. v. Hector BLANCO, Defendant-Appellant. No. 88-5257. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1989. Decided Dec. 13, 1989. Before FLETCHER, NELSON and WILLIAM A. NORRIS, Circuit Judges. 1 MEMORANDUM * 2 Appellant Hector Blanco pled guilty to a charge of possession with intent to distribute 328.7 grams of heroin in violation of 21 U.S.C. § 841 (a)(1). He received the five-year minimum mandatory sentence for this offense as required by 21 U.S.C. § 841 (b)(1)(B)(i). On appeal, Blanco argues that the minimum sentencing statute does not apply to drug couriers like himself. He further argues that, if the statute does apply, it violates the eighth amendment's prohibition against cruel and unusual punishments. 3 eighth amendment's prohibition against cruel and unusual punishments. Standard of Review 4 We review statutory…