10-3057 U.S. v. Brucker

By: WISCONSIN LAW JOURNAL STAFF//July 22, 2011//

Listen to this article

Sentencing
Constitutionality

Mandatory minimum sentences are not unconstitutional.

“We have rejected separation of powers challenges to mandatory minimum sentences, and we see no reason to revisit that holding here. See United States v. Carraway, 612 F.3d 642, 646-47 (7th Cir. 2010) (rejecting the argument that a mandatory life sentence for dealing crack cocaine violates the doctrine of separation of powers as meritless under settled law); see also Harmelin, 501 U.S. at 998 (Kennedy, J., concurring in part and concurring in the judgment) (‘[T]he fixing of prison terms for specific crimes involves a substantive penological judgment that, as a general matter, is properly within the province of legislatures, not courts.’ (internal quotation marks omitted)).”

Affirmed.

10-3057 U.S. v. Brucker

Appeal from the United States District Court for the Central District of Illinois, McDade, J., Ripple, J.

Full Text

Select Region or Brand

Upcoming Event