Baker v. Lopatin

finding that under Justice Kennedy’s concurring opinion in Harmelin, a proportionality review was not required at all for a mandatory life sentence imposed under 21 U.S.C. § 841(b) because the appellant's sentence was not "grossly disproportionate” to his offense | finding that under Justice Kennedy's concurring opinion in Harmelin, a proportionality review was not required at all for a mandatory life sentence imposed under 21 U.S.C. Sec. 841(b) because the appellant's sentence was not "grossly disproportionate" to his offense | particularity requirement eliminates chances that executing officer will exceed the permissible scope of the search because of confusion or uncertainty | “section 851 requires filing before jury selection begins”