Ricky J. Terrebonne v. Frank Blackburn, Warden, Louisiana State Penitentiary

ALVIN B. RUBIN, Circuit Judge:

We reheard this case en banc to consider •whether the eighth amendment proscribes a sentence of life imprisonment for a person convicted of the distribution of heroin. Considering the facts set forth in the record of the state criminal proceeding, including the nature of the offense and the prior record of the convicted person, as well as the sentencing alternatives available under Louisiana law, we conclude that the state statute authorizing the sentence was constitutional on its face when interpreted in the light of other provisions of Louisiana law and that…