United States v. James T. Schell

LOGAN, Circuit Judge.

James T. Schell appeals the trial court’s judgment finding him a dangerous special offender within the meaning of 18 U.S.C. § 3575, and sentencing him to two consecutive ten year terms. On appeal the issues are (1) whether the trial court’s findings were statutorily and constitutionally sufficient; (2) whether sentencing Schell as a dangerous special offender violated his Eighth Amendment right against cruel and unusual punishment; (3) whether the statute’s definition of “dangerous” is unconstitutionally vague; and (4) whether using a preponderance of the evidence…