USA v. Kemo Dowe, No. 12-15605 (11th Cir. 2013)

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Case: 12-15605 Date Filed: 11/06/2013 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 12-15605 Non-Argument Calendar ________________________ D.C. Docket No. 6:11-cr-00288-ACC-GJK-7 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus KEMO DOWE, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (November 6, 2013) Before HULL, JORDAN, and EDMONDSON , Circuit Judges. Case: 12-15605 Date Filed: 11/06/2013 Page: 2 of 2 PER CURIAM: Kemo Dowe appeals his 240-month, mandatory minimum sentence, imposed after he pleaded guilty to one count of conspiring to distribute and possess with intent to distribute cocaine, cocaine base, marijuana, 4Methylenedioxymethamphetamine ( MDMA ), and N-Benzylpiperazine ( BZP ), in violation of 21 U.S.C. ยงยง 841(a)(1), (b)(1)(A)(iii), (b)(1)(C); and 846. In this appeal and for the first time, Dowe argues that the sentence (which was enhanced due to a prior cocaine conviction) constitutes cruel and unusual punishment. For an error to be plain, it must be contrary to explicit statutory provisions or to on-point precedent in this Court or the Supreme Court. United States v. Hoffman, 710 F.3d 1228, 1231-32 (11th Cir. 2013). The district court did not commit plain error. This Court s precedent has established the validity of mandatory minimum sentences imposed based on prior convictions. And Dowe failed to show that his sentence was grossly disproportionate. For background, see United States v. Lopez, 649 F.3d 1222, 1248 (11th Cir. 2011); United States v. Farley, 607 F.3d 1294 (11th Cir. 2010); United States v. Brant, 62 F.3d 367 (11th Cir. 1995). AFFIRMED. 2

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