Venue: |
8th Cir
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Facts: |
Farmer is the first guy to get a 3-strikes-and-you're-out prosecution. |
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Posture: |
Convicted, looks like, and appeals about the sentence. |
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Issue: |
Does this violate due process, double jeopardy, ex post facto, or
equal protection? |
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Holding: |
No, no, no, no. Affirmed. |
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Rule: |
Disparate impact alone is not enough to show a constitutional violation.
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Reasoning: |
For this to violate equal protection, it would have to be shown that
congress enacted this statute because of-- not in spite of-- its
adverse effects on an identifiable group. |
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Dicta: |
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