United States v. Dondell Pea ( 2018 )

Case: 17-30163 Document: 00514310363 Page: 1 Date Filed: 01/17/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 17-30163
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
January 17, 2018
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
DONDELL PEA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:16-CR-155-1
Before REAVLEY, PRADO, and GRAVES, Circuit Judges.
PER CURIAM: *
Dondell Pea appeals the 240-month mandatory minimum sentence
imposed following his guilty plea conviction of possession with intent to
distribute 50 grams or more of methamphetamine. He argues that his
sentence violates the Eighth Amendment’s prohibition against cruel and
unusual punishment because it is grossly disproportionate to his offense and
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 17-30163 Document: 00514310363 Page: 2 Date Filed: 01/17/2018
No. 17-30163
because the mandatory minimum was enhanced based on a purportedly
insignificant prior conviction for a felony drug offense.
Reviewing this preserved issue de novo, we find no constitutional error.
United States v. Mills, 843 F.3d 210, 217 (5th Cir. 2016), cert. denied, 137 S.
Ct. 1601 (2017). Pea’s 240-month sentence was not grossly disproportionate to
the severity of his controlled substance offense. See Mills, 843 F.3d at 217;
United States v. Helm, 502 F.3d 366, 368 (5th Cir. 2007). Accordingly, the 240-
month sentence was not unconstitutionally cruel and unusual, regardless of
the fact that it was the mandatory minimum sentence. See Harmelin v.
Michigan, 501 U.S. 957, 995 (1991).
AFFIRMED.
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