United States v. Dennis Capps, 716 F.3d 494

Capps was convicted of possession with intent to distribute at least 50 grams of methamphetamine under 21 U.S.C. § 841(a)(1).
The district court imposed a life sentence under § 841(b)(1)(A)(viii) due to two prior felony drug convictions.
State trooper stopped Capps for a suspended license and active felony warrant; plate check showed mismatched registration.
During the stop, officers searched the vehicle after obtaining consent; a bag under the hood contained 138 grams of methamphetamine.
Capps challenged the denial of suppression and the mandatory life sentence as unconstitutional under the Eighth Amendment.
The court affirmed the conviction and the life sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether consent to search was voluntary	Capps argues consent was involuntary	State troopers sought broader search than consent allowed	Consent was voluntary and broad search within scope
Whether the scope of consent extended to the entire vehicle	Consent limited to trunk	Consent encompassed entire vehicle	Consent reasonably understood to cover the entire vehicle
Whether the life sentence under § 841(b)(1)(A)(viii) violates the Eighth Amendment	Life sentence grossly disproportionate	Lawful under circuit precedent for recidivist drug offenses	Constitutionality approved; precedent forecloses disproportionate challenge under current facts
Whether Miller v. Alabama undermines circuit Eighth Amendment jurisprudence on mandatory life sentences	Miller requires departure from existing precedent	Miller does not apply to nonjuvenile offenders and does not disturb circuit law	Miller does not disturb existing circuit precedent on this point

United States v. Anderson, 688 F.3d 339 (8th Cir. 2012) (standard for reviewing suppression rulings; factual findings review)
United States v. Saenz, 474 F.3d 1132 (8th Cir. 2007) (voluntariness of consent assessed under totality of circumstances)
United States v. Siwek, 453 F.3d 1079 (8th Cir. 2006) (scope of consent in automobile searches)
United States v. Urbina, 431 F.3d 305 (8th Cir. 2005) (how to determine consent scope under objective reasonableness)
United States v. Collins, 340 F.3d 672 (8th Cir. 2003) (Eighth Amendment proportionality review for drug sentences)
United States v. Scott, 610 F.3d 1009 (8th Cir. 2010) (de novo review of Eighth Amendment sentencing challenges)
Henderson v. Norris, 258 F.3d 706 (8th Cir. 2001) (distinguishes circumstances for harsh penalties; not applicable here)
Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory life without parole for juveniles; not applicable to adult offender)
United States v. Kent, 531 F.3d 642 (8th Cir. 2008) (reaffirmed Eighth Amendment stance on life sentences)