August 15, 1994
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 94-1295
UNITED STATES,
Appellee,
v.
CARLOS M. BURGOS-RODRIGUEZ,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Raymond L. Acosta, U.S. District Judge]
Before
Cyr, Boudin and Stahl,
Circuit Judges.
Gabriel Hernandez Rivera on brief for appellant
Per Curiam. Defendant argues that the five-year
mandatory minimum sentence he received under 21 U.S.C.
841(b)(1)(B) constitutes cruel and unusual punishment and
violates his asserted right to individualized sentencing. We
disagree. Harmelin v. Michigan, 111 S.Ct. 2680 (1991) (life
imprisonment without parole for possessing 672 grams of
cocaine does not violate the Eighth Amendment's cruel and
unusual punishment clause); United States v. Cook, 859 F.2d
777, 778 (9th Cir. 1988) (mandatory five year sentence for
first time offender courier not cruel and unusual
punishment); United States v. Campusano, 947 F.2d 1, 3 (1st
Cir. 1991) ("There is no constitutional right, in non-capital
cases, to individualized sentencing").
The judgment is summarily affirmed. Local R. 27.1.