United States v. Larry Organek

BOYCE F. MARTIN, Jr., Circuit Judge.

Larry Organek appeals the sentence imposed by the district court following his guilty plea to possession of an unregistered firearm in violation of 26 U.S.C. § 6861(d). He claims that his sentence constitutes “cruel and unusual punishment” in violation of the Eighth Amendment and also contravenes the Due Process and Equal Protection Clauses of the United States Constitution. In addition, he argues that the district court abused its discretion by rejecting the United States’s motion for downward departure and imposing a sentence based on Organek’s history of…