I just heard about this on talk radio... this DA is off his rockers. Unfortunately, I don't see the LA Supremes nor the 5th Circuit overturning for cruel / unusual.
I should point out that the Judge has no option but to impose the sentence -- its all up to the DA for seeking multiple offender status.
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Cornell Hood II got off with probation after three marijuana convictions in New Orleans.
He didn't fare too well after moving to St. Tammany Parish, however. A single such conviction on the north shore landed the 35-year-old in prison for the rest of his life.
State Judge Raymond S. Childress punished Hood under Louisiana's repeat-offender law in his courtroom in Covington on Thursday. A jury on Feb. 15 found the defendant guilty of attempting to possess and distribute marijuana at his Slidell home, court records show.
Hood moved from eastern New Orleans to the Slidell area after he admitted to separate charges of distribution of marijuana and possession with intent to distribute marijuana on Dec. 18, 2009, in Orleans Parish Criminal District Court. He received a suspended five-year prison sentence and five years' of probation for each -- which was precisely the same penalty he got in that court after pleading guilty to possessing and intending to distribute marijuana on Feb. 22, 2005.
http://www.nola.com/crime/index.ssf/2011/05/fourth_marijuana_conviction_ge.html