United States v. Kevin Bishop, AKA Hoover Bam

972 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kevin BISHOP, aka Hoover Bam, Defendant-Appellant. No. 89-50711. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 17, 1992. Decided Aug. 26, 1992. Before WILLIAM A. NORRIS, REINHARDT and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Appellant Kevin Bishop appeals his conviction for cocaine distribution under 21 U.S.C. 841(a)(1). Bishop contends that (1) the enhancement penalty of § 841 constitutes cruel and unusual punishment under the Eighth Amendment; (2) that § 841's disparate penalties for crack and cocaine violates the Equal Protection Clause of the 14th Amendment; and (3) that the government has selectively and discriminatorily enforced § 841 against African-Americans in violation of the Equal Protection Clause of the 14th Amendment. We affirm the conviction. 3 * Because Bishop had a prior conviction for a felony drug…