UNITED STATES v. WASHINGTON

No. 77-3884.

578 F.2d 256 (1978)

UNITED STATES of America, Appellee, v. George Lee WASHINGTON a/k/a Ollie Lee Edwards, Appellant.

United States Court of Appeals, Ninth Circuit.

July 12, 1978.


Attorney(s) appearing for the Case

James L. Tanner (argued), Phoenix, Ariz., for appellant.

Dale Danneman, Asst. U. S. Atty. (argued), Phoenix, Ariz., for appellee.

Before CHOY and ANDERSON, Circuit Judges, and PALMIERI, District Judge.


PALMIERI, District Judge:

This appeal presents a single question: does the imposition of a five-year prison term for appellant's failure to appear for sentencing constitute "cruel and unusual punishment" prohibited by the Eighth Amendment to the United States Constitution? We conclude that it does not, and accordingly affirm the judgment of the district court.

The facts are not disputed and may be briefly stated. In July of 1975 appellant Washington was charged...

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