United States v. Jerald J. Oakes, Jr.

GOODWIN, Circuit Judge:

Jerald Oakes, Jr. appeals his mandatory minimum sentence of five years imprisonment for violating 21 U.S.C. § 841(a)(1), 21 U.S.C. § 841(b)(l)(B)(vii). Oakes, a first offender, argues (1) that the government violated his due process and equal protection rights by prosecuting his ease in federal court; and (2) that his sentence violates the Eighth Amendment because it is disproportionate to his personal history and crime. We reluctantly affirm.

This case illustrates some of the problems with the mandatory minima contained in 21 U.S.C. § 841. Congress enacted the mandatory…