R. G. Britton, Appellant-Cross v. Harold Eugene Rogers, Appellee-Cross

KUNZIG, Judge.

This is an appeal from an order of the federal district court 1 granting a writ of habeas corpus. Appellee-cross appellant Rogers had been sentenced to life imprisonment by an Arkansas jury upon his conviction for first-degree rape. The parties have raised several questions under the due process, equal protection and cruel and unusual punishments clauses of the United States Constitution, in particular, the question whether sentencing guidelines are mandated in a non-capital case. For the reasons hereafter stated, we find no constitutional defect in Rogers’ conviction or…