United States v. Omar Williams , 359 F. App'x 512 ( 2010 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 6, 2010
No. 09-50253
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
OMAR DEMORTIUS WILLIAMS, also known as Omar Williams,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:06-CR-38-1
Before REAVLEY, DAVIS, and HAYNES, Circuit Judges.
PER CURIAM:*
A jury convicted Omar Demortius Williams of possession with intent to
distribute at least 50 grams of cocaine base (crack) within 1,000 feet of a public
school (count one) and possession with intent to distribute cocaine base (count
two). The district court sentenced Williams to life in prison on count one and
240 months on count two and ordered the sentences to run concurrently. See 21
U.S.C. § 841(b)(1)(A)(iii).
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 09-50253
Williams argues that the imposition of a life sentence is cruel and unusual
punishment under the Eighth Amendment. He argues that the gross
disproportionality between his life sentence and the sentences for similar crimes
in this and other jurisdictions makes his life sentence unconstitutional.
Williams asserts that the prior convictions that qualified him for the life
sentence were “relatively minor offenses,” two being state jail felonies and one,
a more serious felony. He asks this court to consider the disparity between crack
cocaine and powder cocaine sentences and argues that a departure based on such
disparity can be reasonable.
Williams’s arguments are foreclosed. See Harmelin v. Michigan, 501 U.S.
957, 994-95 (1991); United States v. Harris, 566 F.3d 422, 436 (5th Cir. 2009),
petition for cert. filed, (Aug. 20, 2009) (No. 09-7385); United States v. Parker, 505
F.3d 323, 330-31 (5th Cir. 2007). Williams’s reliance on Kimbrough v. United
States, 552 U.S. 85 (2007) is misplaced. Kimbrough recognized that district
courts remain bound by the statutory minimum sentences in § 841(b)(1).
Kimbrough, 552 U.S. at 107.
Accordingly, Williams’s conviction and sentence are AFFIRMED.
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