Tuesday, December 09, 2014

U.S. v. Gay, 2014 WL 5840303 (11/12/14) (Okl.) (Published) - A district court has no authority to consider a collateral constitutional challenge to a sentence in an 18 U.S.C. § 3582(c)(2) proceeding, the 10th holds. Despite this holding, for good measure, the 10th determines Mr. Gay's 262-month sentence is not cruel and unusual punishment, even if it depends on an unfair 100:1 crack to cocaine ratio [his crack quantity was so high he did not qualify for § 3582(c)(2) relief under a different ratio].