United States v. Jose Mesa Ayala

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose Mesa AYALA, Defendant-Appellant. No. 91-30194. United States Court of Appeals, Ninth Circuit. Submitted July 29, 1992. * Decided Aug. 7, 1992. Before TANG, BEEZER and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Jose Mesa Ayala appeals his sentence, imposed under the United States Sentencing Guidelines (Guidelines), following his plea of guilty to distributing over 500 grams of cocaine and 75 grams of heroin in violation of 21 U.S.C. § 841 (a)(1). Ayala claims, first, that his prosecution by federal, rather than state, authorities violated due process; and, second, that his 78-month sentence constitutes cruel and unusual punishment in violation of the eighth amendment. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 Cooperation between state and federal authorities to suppress the trafficking and abuse of controlled substances does not…