United States v. Jose Luis Cupa-Guillen

Jose Luis Cupa-Guillen appeals the district court’s 100-month sentence which was imposed after he was found guilty of being a deported alien found in the United States after conviction for an aggravated felony in violation of 8 U.S.C. § 1326 (b)(2). Cupa-Guillen contends that § 1326(b)(2) violates the due process clause and that the sentence imposed thereunder constitutes cruel and unusual punishment in violation of the Eighth Amendment. We disagree.

FACTUAL AND PROCEDURAL BACKGROUND

Jose Luis Cupa-Guillen, a native and citizen of Mexico, entered this country illegally. On September 5, 1985, he was convicted in Fresno County Superior Court for the sale of heroin. The court imposed a three-year pris on term. On February 20, 1986, Cupa-Guil-len was deported from the United States to Mexico.

Cupa-Guillen subsequently re-entered the United States without the permission of the Attorney General. On September 10, 1987, he entered a guilty plea for the sale of cocaine and was released from custody. On September 16, 1987, Cupa-Guillen was deported.

Cupa-Guillen again re-entered the United States without the permission of the Attorney General. On October 8, 1991, he was deported. On…