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UNITED STATES v. JOHNSON

Crim. No. 76-476.

425 F.Supp. 986 (1976)

UNITED STATES of America v. William JOHNSON.

United States District Court, E. D. Louisiana.

October 28, 1976.

Attorney(s) appearing for the Case

Kathleen A. Walsh, Asst. U. S. Atty., New Orleans, La., for plaintiff.

John W. Reed, New Orleans, La., for defendant.

REASONS FOR JUDGMENT

R. BLAKE WEST, District Judge.

Before the Court was an attack on the constitutionality, under the Eighth Amendment, of the Federal rape statute. The defendant, William Johnson, is charged with a violation of 18 U.S.C. § 2031, which provides:

"Whoever, within the special maritime and territorial jurisdiction of the United States, commits rape shall suffer death, or imprisonment for any term of years or for life." ...

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