Case: 13-10394 Date Filed: 11/14/2013 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 13-10394
Non-Argument Calendar
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D.C. Docket No. 6:12-cr-00167-GAP-GJK-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL PATRICK WAHL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(November 14, 2013)
Before MARCUS, MARTIN and BLACK, Circuit Judges.
PER CURIAM:
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Mark Wahl appeals his 120-month sentence for conspiracy to possess with
intent to distribute and manufacture marijuana, in violation of 21 U.S.C. § 846, and
possession with intent to distribute marijuana, in violation of 21 U.S.C.
§§ 841(a)(1), (b)(1)(B)(vii), (b)(1)(D), and 2. Wahl contends his mandatory
minimum 120-month sentence was not just, fair, or appropriate, and implicated his
Eighth Amendment right to freedom from cruel and unusual punishment. He
concedes, however, there is no case law on point to support his position.
“We review de novo the legality of a sentence under the Eighth
Amendment.” United States v. McGarity, 669 F.3d 1218, 1255 (11th Cir. 2012).
“Our jurisprudence recognizes a ‘narrow proportionality principle that applies to
noncapital sentences.” Id. at 1255-56 (citing United States v Johnson, 451 F.3d
1239, 1242 (11th Cir. 2006)). When addressing an Eighth Amendment challenge:
a reviewing court must make a threshold determination that the
sentence imposed is grossly disproportionate to the offense committed
and, if it is grossly disproportionate, the court must then consider the
sentences imposed on others convicted in the same jurisdiction and
the sentences imposed for commission of the same crime in other
jurisdictions.
United States v. Raad, 406 F.3d 1322, 1324 (11th Cir. 2005) (citation omitted).
The burden lies with the defendant to make a threshold showing that his sentence
is grossly disproportionate to the offense. McGarity, 669 F.3d at 1256.
We have upheld mandatory minimum sentences in various contexts. See
Raad, 406 F.3d at 1324 (outlining case law upholding mandatory minimum
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sentences). Sentences as high as mandatory life have been held constitutional by
the Supreme Court. See Harmelin v. Michigan, 501 U.S. 957, 994-95 (1991).
Wahl has failed to carry his burden to make a threshold showing that his
sentence violated the Eighth Amendment, and has conceded that no case law
supports his position. Accordingly, we affirm.
AFFIRMED.
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