STEWART v. UNITED STATES

No. 17034.

325 F.2d 745 (1964)

Perrin STEWART, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

January 2, 1964.


Attorney(s) appearing for the Case

Perrin Stewart, pro se.

D. Jeff Lance, U. S. Atty., and William C. Martin, Asst. U. S. Atty., for appellee.

Before JOHNSEN, Chief Judge, and MATTHES and RIDGE, Circuit Judges.


JOHNSEN, Chief Judge.

Appellant was given a 10-year sentence for narcotic conspiracy under 21 U.S.C. § 174. He sought by collateral attack to have the sentence vacated for alleged unconstitutionality. The District Court denied the application on its face, and he has appealed.

His claim was that the sentence constituted cruel and unusual punishment, in violation of the Eighth Amendment, in that 26 U.S.C. § 7237(d) removed it, as one for a narcotic...

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