Filed: Apr. 13, 2012
Latest Update: Feb. 22, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued March 30, 2012 Decided April 13, 2012 Before WILLIAM J. BAUER, Circuit Judge RICHARD A. POSNER, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 11-3611 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Indiana, Sound Bend Division. v. No. 3:06-cr-00066-RLM
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued March 30, 2012 Decided April 13, 2012 Before WILLIAM J. BAUER, Circuit Judge RICHARD A. POSNER, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 11-3611 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Northern District of Indiana, Sound Bend Division. v. No. 3:06-cr-00066-RLM-..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Argued March 30, 2012
Decided April 13, 2012
Before
WILLIAM J. BAUER, Circuit Judge
RICHARD A. POSNER, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 11‐3611
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff‐Appellee, Court for the Northern District of
Indiana, Sound Bend Division.
v.
No. 3:06‐cr‐00066‐RLM‐5
JEROME STENSON,
Defendant‐Appellant. Robert L. Miller, Jr.,
Judge.
O R D E R
Defendant‐appellant Jerome Stenson was sentenced to nine months’ imprisonment after
he admitted to violating his supervised release by testing positive for cocaine, failing to
participate in a drug aftercare program, and using alcohol on two occasions. Stenson argues
on appeal that to incarcerate him for violating his supervised release is to punish him for his
addiction to alcohol. The district court’s sentence, Stenson therefore asserts, amounts to a
punishment for his status as an alcoholic in violation of the Eighth Amendment’s prohibition
against cruel and unusual punishment.
No. 11‐3611 Page 2
We review de novo whether the district court’s sentence violates the Eighth Amendment.
See Robinson v. California, 370 U.S. 660 (1962); United States v. Black, 116 F.3d 198, 200‐01 (7th Cir.
1997).
Stenson’s argument is not complex; he simply argues that he was punished for his status
as an alcoholic, thus falling within the protection of the Cruel and Unusual Punishment Clause
as announced in Robinson v. State of California, 370 U.S. 660 (1962). In Robinson, the Supreme
Court held that “a state law which imprisons a person thus afflicted [with narcotic addiction]
as a criminal, even though he has never touched any narcotic drug within the State or been
guilty of any irregular behavior there, inflicts a cruel and unusual punishment.” Id. at 667.
But in this case, we are not dealing with a state law that punishes a person for his status
as an alcoholic; rather, we are faced with punishment for proscribed conduct. The Supreme
Court acknowledged this distinction in Powell v. Texas, when it upheld a Texas statute that
criminalized public intoxication: “The State of Texas thus has not sought to punish a mere
status, as California did in Robinson; nor has it attempted to regulate appellant’s behavior in the
privacy of his own home. Rather, it has imposed upon appellant a criminal sanction for public
behavior which may create substantial health and safety hazards . . . .” 392 U.S. 514, 532 (1968).
Stenson violated the terms of his supervised release when he failed to attend treatment
programs, used cocaine, and abused alcohol so excessively that it led to his arrest for public
intoxication. This behavior, which Stenson argues is attributable to his alcoholism, is
nonetheless punishable. Under Powell, punishment for unlawful conduct resulting from
alcoholism is permissible. See id. And that is the sort of punishment imposed in this case. As
in Powell, Stenson was not punished for his status as an alcoholic but for his conduct.
Therefore, his claim for cruel and unusual punishment fails.
For the foregoing reasons, we AFFIRM the district court’s judgment.