[Download] "United States v. Greer" by United States Court of Appeals for the Seventh Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: United States v. Greer
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 13, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

The petitioner, Phillip Peeples, in his appeal to this court seeks review of Federal District Judge Harold Bakers denial of his petition for a writ of habeas corpus. 566 F. Supp. 580 (C.D. Ill. 1983). The issue presented is whether the Illinois statute providing for an extended sentence of imprisonment when the trial court finds that the offense has been accompanied by "exceptionally brutal or heinous behavior indicative of wanton cruelty", should be held unconstitutional as a violation of the Eighth Amendments protection against cruel and unusual punishment. Upon review we find no constitutional violation either in the statute or in the manner of its application in the case and we affirm Judge Bankers order of dismissal. The issue raised by the petitioner that merits analysis is the effect on this case of Solem v. Helm, 463 U.S. 277, 103 S. Ct. 3001, 77 L. Ed. 2d 637 (1983), a decision which came down after the decision of Judge Baker but before briefs were filed in this appeal.

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