18 U.S.C. § 3553(a)’s discretionary sentencing factors do not apply to statutorily imposed mandatory minimum sentences

SENTENCING United States v. Huskey, No. 06-3183, ___ F.3d ___ (10th Cir. Sep. 18, 2007)(Kansas). Appeal of sentence for conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(A)(viii) and 18 U.S.C. §§ 2 & 846. HELD: (1) District court did not commit plain error by using defendant’s prior felony conviction under Kansas general attempt statute to impose mandatory life sentence under 21 U.S.C. § 841(b)(1)(A) for being person convicted of drug felony “after two or more prior convictions for a felony drug offense” where attempt crime was attempted possession of cocaine. (2) Imposition of mandatory minimum sentence does not conflict with 18 U.S.C. § 3553(a)’s direction to trial court judges to exercise discretion to “impose a sentence not greater than necessary” to satisfy sentencing objectives. (3) Mandatory life sentence imposed without considering factors set out in 18 U.S.C. § 3553(a) does not violate Eighth Amendment’s prohibition of cruel and unusual punishment. Read the opinion here.