United States v. Kemo Dowe

Case: 12-15605 Date Filed: 11/06/2013 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-15605
Non-Argument Calendar
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D.C. Docket No. 6:11-cr-00288-ACC-GJK-7
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEMO DOWE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(November 6, 2013)
Before HULL, JORDAN, and EDMONDSON , Circuit Judges.
Case: 12-15605 Date Filed: 11/06/2013 Page: 2 of 2
PER CURIAM:
Kemo Dowe appeals his 240-month, mandatory minimum sentence,
imposed after he pleaded guilty to one count of conspiring to distribute and possess
with intent to distribute cocaine, cocaine base, marijuana, 4-
Methylenedioxymethamphetamine (“MDMA”), and N-Benzylpiperazine (“BZP”),
in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(iii), (b)(1)(C); and 846. In this
appeal and for the first time, Dowe argues that the sentence (which was enhanced
due to a prior cocaine conviction) constitutes cruel and unusual punishment.
For an error to be plain, it must be “contrary to explicit statutory provisions
or to on-point precedent in this Court or the Supreme Court.” United States v.
Hoffman, 710 F.3d 1228, 1231-32 (11th Cir. 2013). The district court did not
commit plain error. This Court’s precedent has established the validity of
mandatory minimum sentences imposed based on prior convictions. And Dowe
failed to show that his sentence was grossly disproportionate. For background, see
United States v. Lopez, 649 F.3d 1222, 1248 (11th Cir. 2011); United States v.
Farley, 607 F.3d 1294 (11th Cir. 2010); United States v. Brant, 62 F.3d 367 (11th
Cir. 1995).
AFFIRMED.
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