Case: 09-60317 Document: 00511007408 Page: 1 Date Filed: 01/19/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 19, 2010
No. 09-60317
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
THADDEUS LORENZO PATTERSON,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:05-CR-124-1
Before GARZA, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM:*
Thaddeus Lorenzo Patterson appeals from his guilty plea conviction for
conspiracy to distribute and possess with intent to distribute cocaine
hydrochloride (powder cocaine). Because Patterson’s offense involved 501.5
grams of powder cocaine, he was subject to the 60-month mandatory minimum
sentence pursuant to 21 U.S.C. § 841(b)(1)(B)(ii). He was sentenced to 60
months of imprisonment and five years of supervised release.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-60317 Document: 00511007408 Page: 2 Date Filed: 01/19/2010
No. 09-60317
On appeal, Patterson argues that imposition of the statutory minimum
sentence violated his Eighth Amendment guarantee against cruel and unusual
punishment and his Fifth Amendment right to due process. As he has failed to
show that his sentence is grossly disproportionate to the severity of his crime,
his Eighth Amendment claim fails. See United States v. Gonzales, 121 F.3d 928,
942 (5th Cir. 1997). Moreover, despite Patterson’s arguments to the contrary,
the statutory minimum sentence was not based upon an arbitrary distinction
that resulted in a violation of his due process rights. See United States v. Rojas-
Martinez, 968 F.2d 415, 420 (5th Cir. 1992).
The judgment of the district court is AFFIRMED.
2