United States v. Kelvin E. Wilkins

Kelvin E. Wilkins appeals his sentence, following conviction on a guilty plea, for one count of using a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924 (c)(1). Wilkins contends that his mandatory five-year sentence is unconstitutional because the district court could not individualize the sentence.

Wilkins was charged with one count of possession with intent to sell marijuana in violation of 21 U.S.C. § 841 (a)(1) (Count I), one count of possession of a firearm during commission of a drug trafficking offense in violation of 18 U.S.C. § 924 (c)(1) (Count II), and one count of possession of cocaine in violation of 21 U.S.C. § 844 (Count III). Wilkins pleaded guilty to Count II of the indictment, and the government moved to dismiss Counts I and III. On May 17, 1989, the district court sentenced Wilkins to five years imprisonment as required by 18 U.S.C. § 924 (c)(1), three years supervised release, and a $1,000 fine. Wilkins timely appeals. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

I. Facts

The facts are not contested. On January 18, 1989, two agents from the Department of Alcohol, Tobacco and Firearms and one officer…