PEOPLE OF MI V GERALD NELSON

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED October 17, 1997 Plaintiff-Appellee, v No. 189116 St. Joseph Circuit Court LC No. 95 007891 FH GERALD NELSON, Defendant-Appellant. Before: Saad, P.J., and Hood and McDonald, JJ. PER CURIAM. Defendant pleaded guilty to delivery of less than 50 grams of cocaine, MCL 333.7401(1) and (2)(a)(iv); MSA 14.15(7401)(1) and (2)(a)(iv), and was sentenced to eight to twenty years' imprisonment. Defendant appeals as of right. We affirm. The trial court found the sentencing guidelines recommendation inadequate in light of circumstances not accounted for, or accounted for inadequately, in the formulating of the guidelines. The record supports the trial court's findings and provides adequate justification for the sentence imposed. Defendant's sentence does not violate the principle of proportionality. People v Houston, 448 Mich 312, 320-321; 532 NW2d 508 (1995); People v Ward, 206 Mich App 38, 44-45; 520 NW2d 363 (1994). Moreover, because the sentence is not disproportionate in relation to the offense, it is therefore not cruel or unusual. People v Williams (After Remand), 198 Mich App 537, 543; 499 NW2d 404 (1993). Affirmed. /s/ Henry William Saad /s/ Harold Hood /s/ Gary R. McDonald -1

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