MCCORMACK

v.

FAY, WARDEN

Citator

Cited By

• Watson v. United States, 439 F.2d 442 (D.C. Cir. 1970)
  …80, 345 F. 2d at 970 (opinion of Burger, J.). [*468] Some other courts have, however, refused to find narcotic sentences unconstitutionally excessive under the eighth amendment. IS. g., Stewart v. United States, 325 F. 2d 745 (8 Cir.), cert. denied, 377 U.S. 937, 84 S.Ct. 1344, 12 L.Ed.2d 301 (1964); Vera v. United States, 288 F. 2d 25 (8 Cir. 1961), Gallego v. United States, 276 F. 2d 914 (9 Cir. 1960); Lathem v. United States, 259 F. 2d 393 (5 Cir. 1958). In none of the aforementioned cases was the Appell…
• McWILLIAMS v. United States, 394 F.2d 41 (8th Cir. 1968)
  …l. Bailey v. United States, 74 F. 2d 451 (10 Cir. 1934).” 360 F. 2d at 555. This contention has also been considered and rejected by this Court in other narcotic cases. See Stewart v. United States, 325 F. 2d 745, 746 (8th Cir. 1964), cert. denied, 377 U.S. 937, 84 S.Ct. 1344, 12 L.Ed.2d 301 (1964), where, as here, the defendant urged that a non-parolable sentence constituted cruel and unusual punishment. Our holding in that case, documented by authority from other circuits, cogently demonstrated the reaso…
• United States v. Lozaw, 427 F.2d 911 (2d Cir. 1970)
  …6 U.S.C. § 7237(d) prohibiting probation or suspension of a sentence for a § 176a violation amounts to cruel and unusual punishment.4 United States v. Drotar, supra, 416 F. 2d at 917; Stewart v. United States, 325 F. 2d 745 (8th Cir.), cert. denied, 377 U.S. 937, 84 S.Ct. 1344, 12 L.Ed.2d 301 (1964). The judgment of conviction is affirmed. . The fifth co-defendant pleaded guilty to a violation of 26 U.S.C. §§ 4744(a) and 7237(a) (acquiring marihuana without paying the transfer tax). All five were sentence…