United States v. Alan Gomez

Defendant Alan Gomez appeals his 60-month sentence for conspiracy to distribute 500 grams or more of a mixture containing a detectable amount of cocaine. The mandatory minimum sentence for that offense is 60 months’ imprisonment. Defendant did not qualify for the statutory “safety valve” that would have lifted the mandatory-minimum sentence-he had three criminal history points, but the statute disqualifies defendants who have more than one point. On appeal, Defendant argues that his disqualification from the safety valve is cruel and unusual punishment under the Eighth Amendment. On de novo review, United States v. Jensen, 425 F.3d 698, 706 (9th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1664 , 164 L.Ed.2d 398 (2006), we affirm.

Defendant pleaded guilty to conspiracy to distribute 691.2 grams of a mixture containing detectable amounts of cocaine, in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(l)(B)(ii)(II), and 846. The statutory mandatory minimum sentence for that offense is 60 months’ imprisonment. 21 U.S.C. § 841 (b)(1)(B)(ii)(II). At the sentencing hearing, Defendant requested a departure from the mandatory minimum sentence under the 18 U.S.C. § 3553 (f) “safety valve.” He…