Unpublished Disposition, 861 F.2d 269 (9th Cir. 1988)
Annotate this CaseUNITED STATES of America, Plaintiff-Appellee,v.Humberto MEDINA-NEVAREZ, Defendant-Appellant.
No. 88-5049.
United States Court of Appeals, Ninth Circuit.
Submitted* Aug. 16, 1988.Decided Oct. 21, 1988.
Before GOODWIN, Chief Judge, and BARNES and KILKENNY, Senior Circuit Judges.
MEMORANDUM**
Humberto Medina-Nevarez appeals from his conviction following a bench trial on charges of conspiracy and possession with intent to distribute heroin under 21 U.S.C. §§ 841(a) and 846. The appellant contends that the relevant statute's classification of punishments and minimum mandatory penalties violated his rights to due process and equal protection, while the sentence imposed subjected him to cruel and unusual punishment. We affirm.
Each of the above arguments has already been addressed, and rejected, by this court, in United States v. Savinovich, No. 87-3049, slip op. at 8182-86 (CA9 July 6, 1988) (as amended). Cf., United States v. Kinsey, 843 F.2d 383, 392-94 (CA9 1988) (eighth amendment and, on slightly different grounds, fourteenth amendment equal protection arguments challenging constitutionality of penalty provisions under 21 U.S.C. § 841(b) (1) (A) rejected). There was no error.
AFFIRMED.
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