DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131196P.pdf 06/11/2013 United States v. Dennis Capps
U.S. Court of Appeals Case No: 13-1196
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and
Benton, Circuit Judge]
Criminal case - Criminal law and Sentencing. Failure to give Miranda
warning prior to asking defendant to consent to a search did not nullify
defendant's otherwise voluntary consent; search of defendant's vehicle
did not exceed the scope of defendant's consent; mandatory life sentence
pursuant to 21 U.S.C. Sec. 841(b)(1)(A)(viii) does not violate the Eighth
Amendment; Miller v. Alabama, 132 S. Ct. 2455 (2012) does not disturb
existing circuit precedent foreclosing defendant's argument that his
sentence is grossly disproportionate.