Morse

MEMORANDUM *

In this appeal, Lucy Morse challenges the sentencing enhancement based on a prior conviction, the warrant to search her home, and her underlying jury conviction.

The district court could properly enhance Morse’s sentence as it did under 21 U.S.C. § 841 (b). Her deferred sentence for fraudulently obtaining dangerous drugs did not affect the “conviction’s underlying lawfulness.” 1 Moreover, a deferred sentence does not amount “to a determination that the crime never occurred or that [she] was in fact innocent.” 2

Morse’s sentence did not violate the Eighth Amendment’s prohibition against cruel and unusual punishment because her sentence enhancement was not “grossly disproportionate” to her crime. 3

*620 The district court followed the proper procedures outlined in 21 U.S.C. § 851 (b) for enhancing Morse’s sentence. The district court gave Morse “the opportunity to deny the prior conviction,” and “[t]hat is all [this] statute requires.” 4 Also, the prior conviction used to enhance Morse’s sentence was over twenty-five years old, well past the five-year period for challenging prior convictions under § 851(e).

The warrant to search Morse’s home was supported by…