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Eighth Circuit quickly rejects effort to extend Graham to juve priors

By Douglas A. Berman

In US v. Scott, No. 09-2577 (8th Cir. July 6, 2010) (available here), an Eighth Circuit panel makes quick work of a defendant's claim that his life sentence for drug offenses violated the Eighth Amendment rights because the sentence was based in part on two prior drug felonies committed when he was under 18.  Here is the heart of the defendant's claim and the panel's rejection of it: Scott argues that the Eighth Amendment prohibits enhancing his sentence based on his previous felony drug convictions because he was a juvenile when he committed those crimes. We note that while Scott committed his prior felony drug offenses as a juvenile, he was charged and convicted of both crimes as an adult.  Nonetheless, we have upheld the use of juvenile court adjudications to enhance subsequent sentences for adult convictions...continue to full post

Full post as published by Sentencing Law and Policy on July 07, 2010 (boomark / email).