Federal three strikes law does not violate separation of powers principle
SENTENCING United States v. Gurule, No. 04-4317, ___ F.3d ___ (10th Cir. Sep. 6, 2006)(Utah). Appeal of conviction and sentence for carjacking in violation of 18 U.S.C. § 2119. HELD: Federal three strikes law at 18 U.S.C. § 3559(c), specifying mandatory life imprisonment if defendant is convicted of “serious violent felony” and has two or more prior “serious violent felony” convictions, does not violate separation of powers principle or Eighth Amendment prohibition against cruel and unusual punishment. Read the opinion here. |
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