Monday, October 21, 2013

Another 8th Amendment Challenge to ACCA Rejected

U.S. v. Jenkins, 2013 WL 5530193 (10/8/13) (Okl.) (unpub'd) - The 15-year Armed Career Criminal Act mandatory minimum sentence was not cruel and unusual even though the defendant armed himself because he had recently been robbed at gunpoint. The 10th explains: "The minimum sentence does not take into account the motive for possessing a gun. This is understandable: the purpose of the sentencing statute is to curb and incapacitate armed career criminals."