Rutkowski

MEMORANDUM *

A grand jury indicted Henry Rutkowski and three coconspirators on one count of conspiring to knowingly and intentionally possess with intent to distribute in excess of 50 grams of methamphetamine in violation of 21 U.S.C. § 846 , and one count of *229 knowingly and intentionally possessing with intent to distribute in excess of in excess of 50 grams of methamphetamine in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . After a trial in which Rutkowski’s three coconspirators testified against him, a jury found Rutkowski guilty on both counts. Pursuant to § 851 and § 841(b)(1)(A), the district court sentenced Rutkowski to life in prison without the possibility of parole because of two prior felony drug convictions. Rutkowski argues on appeal that (1) there was insufficient evidence to sustain a conviction against him, and the district court erred in denying his motion for acquittal; (2) the district court improperly instructed the jury regarding the permissible use of Rule 404(b) evidence; (3) the district court failed to comply with 21 U.S.C. § 851 (b) prior to sentencing him; 1 (4) that his sentence constitutes cruel and unusual punishment; and (5) that he…