Opinion · Supreme Court of the United States
Hutto v. Davis
454 U.S. 370
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1982-03-22
- Topic
- general
How later courts describe this case
- holding that a lower court does not have the discretion to overrule the precedent of a superior court
- holding that sentence of 40 years’ imprisonment for possession of 9 ounces of marijuana with intent to distribute did not contravene the Eighth Amendment
- holding that imposition of a harsh sentence for possession of marijuana based on intent to distribute does not offend the Cruel and Unusual Punishments Clause of the Eighth Amendment
- holding that 40-year sentence for possessing less than nine ounces of marijuana did not violate Eighth Amendment
- holding that a 40-year minimum sentence for the possession and distribution of nine ounces of marijuana was constitutional
- holding that two consecutive terms of 20 years’ imprisonment for possession with intent to distribute marijuana and distribution of marijuana did not violate Eighth Amendment
- holding that 20-year consecutive sentences for possessing nine ounces of marijuana did not violate the Eighth Amendment
- holding that “federal courts should be reluctant to review legislatively mandated terms of imprisonment and ... successful challenges to the proportionality of particular sentences should be exceedingly rare”
Citator
UpLaw has not yet analyzed Hutto v. Davis. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 812 opinions
On October 26, 1973, law enforcement officers raided respondent’s home and seized approximately nine ounces of marihuana and assorted drug paraphernalia. Several days before the raid, officers had tape-recorded a transaction in which respondent had sold marihuana and other controlled substances to a police informant. With the aid of the seized
After exhausting direct appeal, respondent brought a ha-beas action in the United States District Court for the Western District of Virginia, asserting that a 40-year sentence was so grossly disproportionate to the crime of possessing less than nine ounces of marihuana that it constituted cruel and unusual punishment as proscribed by the Eighth and Fourteenth Amendments. The District Court, relying primarily upon the four factors set forth in Hart v. Coiner, 483 F. 2d 136 (CA4 1973), cert. denied, 415 U. S. 938 (1974), agreed:
“After examining the nature of the offense, the legislative purpose behind the punishment, the punishment in the Commonwealth of Virginia for other offenses, and the punishment actually imposed for the same or similar offenses in Virginia, this court must necessarily conclude that a sentence of forty years and twenty thousand dollars in fines is so grossly out of proportion to the severity of the crimes as to constitute cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution.” Davis v. Zahradnick, 432 F. Supp. 444, 453 (1977).
Accordingly, the District Court issued a writ of habeas corpus.
A panel of the United States Court of Appeals for the Fourth Circuit reversed. Davis v. Davis, supra. The
The petitioner in Rummel was sentenced to life imprisonment under the Texas recidivist statute upon being convicted of his third felony: obtaining $120.75 by false pretenses. He had previously been convicted of passing a forged check in the amount of $28.36, and of fraudulently using a credit card to obtain $80 worth of goods or services. 445 U. S., at 265-266. Like the respondent in this case, Rummel argued that the length of his imprisonment was so “grossly disproportionate” to the crime for which he was sentenced that it violated the ban on cruel and unusual punishment of the
As mentioned above, the District Court found respondent’s sentence to be unconstitutional by applying the four-part test of Hart v. Coiner, supra. Hart also was relied upon by the lower-court dissenters in Rummel, and was implicitly disapproved by our rejection of the dissenters’ view. Not only did we expressly recognize Hart as the primary opposing authority, 445 U. S., at 267, 269, but our opinion also disapproved each of its four “objective” factors.2 Because the District Court’s grant of habeas relief was clearly guided by these factors, the Court of Appeals erred in affirming.
Accordingly, the petition for a writ of certiorari is granted, the judgment of the Court of Appeals is reversed, and the case is remanded to the District Court with instructions to dismiss respondent’s habeas petition.
It is so ordered.
In addition to the evidence seized during the raid and the tape recording of the drug transaction, all of which demonstrated that respondent was an active drug dealer, the jury knew from evidence presented at trial that respondent had knowingly sold drugs to be smuggled into prison, had sold drugs to an inmate’s wife who was alone with an infant child, and had himself been imprisoned in the past. Davis v. Davis, 585 F. 2d, at 1227-1228.
Applying the first Hart factor to this case, the District Court found “no element of violence and minimal, debatable danger to the person.” Davis v. Zahradnick, 432 F. Supp. 444, 452 (WD Va. 1977). In Rummel, however, we noted that “the presence or absence of violence does not always
We noted in Rummel that there could be situations in which the proportionality principle would come into play, such as “if a legislature made overtime parking a felony punishable by life imprisonment.” Id., at 274, n. 11.