Cairo Lopez, Jr. v. United States
1. This Court should consider whether combining in the Executive Branch the power to charge and the power to control sentences in statutory mandatory minimum cases violates the Fifth Amendment's Due Process Clause, the Eighth Amendment's prohibition of Cruel and Unusual Punishment, and the doctrine of Separation of Powers.
2. This Court should consider whether statutory mandatory minimum sentences should be advisory and the sentence imposed reviewable for reasonableness.
Whether combining in the Executive Branch the power to charge and the power to control sentences in statutory mandatory minimum cases violates the Fifth Amendment's Due Process Clause, the Eighth Amendment's prohibition of Cruel and Unusual Punishment, and the doctrine of Separation of Powers