United States v. Jackson

835 F.2d 1195 (1987)

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Nature of the Case

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Facts

Thirty minutes after being released from prison for two previous bank robberies to participate in a work-release program, D robbed another bank. Before the sunset, he was back in jail. D was convicted of the robbery. Federal law mandates that a person who has at least three previous felony convictions for robbery receive a prison sentence that is not less than 15 years. The sentence cannot be suspended, the court is not allowed to grant a probationary sentence, and cannot grant parole. D brandished a weapon during the robbery. With his prior convictions, D was given life in prison without possibility of parole under Section 1202 which was directed at habitual criminals and provided for a sentence of years without the possibility of parole. D contends that the sentence he was given, a life sentence, was not permitted under the statute and appealed.