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First Circuit talks through two Eighth Amendment issues

By Douglas A. Berman

Thanks to AL&P, I see that the First Circuit today handed down these two opinions dealing with two different clauses of the Eighth Amendment: US v. Polk, No. 07-2425 (1st Cir. Oct. 30, 2008) (available here), rejects a claim that application of a 15-year mandatory minimum sentencing statute amounted to cruel and unusual punishment. US v. Levesque, No. 08-1344 (1st Cir. Oct. 30, 2008) (available here), considers a challenge to a $3 million forfeiture for involvement in a marijuana conspiracy based on the Excessive Fines Clause.

Full post as published by Sentencing Law and Policy on October 30, 2008 (boomark / email).