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United States v. Gurule,
No. 04-4317 (10th Cir., September 6, 2006) (Published): Carjacking; Federal Sentencing--Proportionality: Gurule was convicted by a jury of federal carjacking and, because he was found to have done so after having been convicted of two "serious violent felonies," he was sentenced to life (which is life without the possibility of parole in the federal system) under the federal "Three Strikes Law." In this opinion, the circuit affirmed the conviction and sentence over claims of insufficiency of the evidence and unconstitutional sentence. NOTE: "proportionality" challenges under the federal Constitution appear to be next to futile in light of Supreme Court precedent that found LWOP not disproportionate for a first time offender who possessed 650 grams of cocaine.
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