United States v. Ford
United States Court of Appeals for the First Circuit
839 F.3d 94 (2016)
James F. Ford (defendant) was convicted of running an industrial-grade marijuana-growing operation in Maine after previously pleading guilty to a similar operation in Massachusetts. Noting that several states had legalized medicinal or recreational marijuana, the sentencing judge nonetheless imposed the 120-month mandatory minimum required by 21 U.S.C. Section 841(b)(1)(B)(vii). Ford appealed, arguing that given the public's shifting acceptance of marijuana and the federal government's general non-enforcement policy in states that legalized it, his sentence was grossly disproportionate to his offense and violated the Eighth Amendment.
Whether the proportionality principle of the Eighth Amendment forbids extreme penalties that are grossly disproportionate to the crime.