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U.S. v. POLK

No. 07-2425.

546 F.3d 74 (2008)

UNITED STATES of America, Appellee, v. Byron POLK, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 30, 2008.

Attorney(s) appearing for the Case

Richard L. Hartley and Law Office of Richard Hartley on brief for appellant.

Paula D. Silsby, United States Attorney, and Margaret D. McGaughey, Appellate Chief, on brief for appellee.

Before Lynch, Chief Judge, SELYA and HOWARD, Circuit Judges.

SELYA, Circuit Judge.

This appeal requires us to decide whether the fifteen-year mandatory minimum term of imprisonment under 18 U.S.C. § 2251(e), as applied, violates the Eighth Amendment's prohibition on cruel and unusual punishment. For the reasons explained below, we conclude that it does not. Consequently, we affirm the judgment below.

The background facts can be succinctly summarized. The jury supportably...

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