United States v. Jerald J. Oakes, Jr.

Jerald Oakes, Jr. appeals his mandatory minimum sentence of five years imprisonment for violating 21 U.S.C. § 841 (a)(1), 21 U.S.C. § 841 (b)(l)(B)(vii). Oakes, a first offender, argues (1) that the government violated his due process and equal protection rights by prosecuting his ease in federal court; and (2) that his sentence violates the Eighth Amendment because it is disproportionate to his personal history and crime. We reluctantly affirm.

This case illustrates some of the problems with the mandatory minima contained in 21 U.S.C. § 841 . Congress enacted the mandatory minima and Sentencing Guidelines in order to promote consistency in sentencing and to improve the perceived fairness of sentences. United States Sentencing Commission, Guidelines Manual 1.2-1.3 (Nov. 1990).

However, Oakes points out that he could have been prosecuted in state court, where, as a first offender, his sentence would have been 0-90 days. He asserts that he knows another person from the same area who was caught with more plants as well as with weapons, but was nonetheless prosecuted in state court. See State of Washington v. William Ray Ward, No. 90-1-00262-4 (Okanogan Co. May 23, 1991).

The…