United States v. Young

Brief of Amicus Curiae National Association of Criminal Defense Lawyers, in support of appellant.

Brief filed: 10/04/2013

Documents

United States v. Young

6th Circuit Court of Appeals; Case No. 13-5714

Prior Decision

On appeal from the United States District Court for the Eastern District of Tennessee, Case No. 1:12CR00045.

Argument(s)

The Eighth Amendment prohibits excessive mandatory federal punishments widely rejected by state laws and practices such as was imposed on Mr. Young for his harmless possession of shotgun shells in violation of 18 U.S. C. § 922(g)(1). States generally do not prohibit the possession of shotgun ammunition by convicted felons, nor do they authorize a lengthy prison sentence for any comparable offense. State laws and federal practices are evolving away from severe extreme mandatory prison terms for low level offenses.

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Author(s)

Prof. Douglas A. Berman, Ohio State University Moritz College of Law, Columbus, OH; Candace C. Crouse, Pinales Stachler Young Burrell & Crouse Co., L.P.A., Cincinnati, OH.