United States v. Gordon Brownlie

Brownlie appeals on constitutional grounds the district court’s imposition of a sentence of twenty years imprisonment for Brownlie’s possession with intent to distribute cocaine. We have jurisdiction under 28 U.S.C. § 1291 (1988). We review the constitutionality of a statute de novo, United States v. Flores, 729 F.2d 593, 595 (9th Cir.1983), and we affirm.

Brownlie pleaded guilty in district court to a charge of possession with intent to distribute five kilograms of cocaine. Pursuant to 21 U.S.C. § 841 (b)(1)(A) (1988), the district court imposed upon Brownlie a minimum of ten years imprisonment for his involvement with five kilograms of cocaine and an additional ten years because Brown-lie had been convicted in 1983 of a felony drug offense involving marijuana. Brown-lie claims that section 841(b)(l)(A)’s mandatory enhancement for a previous felony drug conviction deprives him of his due process right to receive an individualized sentence. We disagree.

Sentencing under section 841(b)(1)(A) is individualized according to quantity and variety of narcotic possessed. Cf. United States v. Klein, 860 F.2d 1489, 1501 (9th Cir.1988) (sentences under section 841(b)(1)(B) are…