HUTTO v. WEBER

No. 00-3529.

275 F.3d 682 (2001)

Mark Alan HUTTO, Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary; Mark W. Barnett, Attorney General of South Dakota, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 14, 2001.


Attorney(s) appearing for the Case

Steven R. Binger, argued, Sioux Falls, SD, for appellant.

Craig Martin Eichstadt, Asst. U.S. Attorney, argued, Pierre, SD, for appellee.

Before MURPHY, BEAM, and BYE, Circuit Judges.


BEAM, Circuit Judge.

A South Dakota state court sentenced Mark Alan Hutto to sixty years' imprisonment for his role in an attempted escape from the Huron Regional Correctional Center and for being a habitual offender, as defined by state statute. Hutto asserts that the sixty-year sentence violates the concept of proportionality found within the Eighth Amendment to the United States Constitution. Pursuant to 28 U.S.C. § 2254, he appeals the federal district

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