Court of Appeals for the Tenth Circuit April 29, 1991, 90-6354 (Gary Wayne Baker v. Jack Cowley, Warden)

EBEL, Circuit Judge.

We grant the appellant’s application for certificate of probable cause.

The issue we decide

1

is whether an Oklahoma second degree murder statute that requires the imposition of a mandatory indeterminate sentence of ten years to life upon conviction violates the Eighth and Fourteenth Amendments of the United States Constitution. We hold that it does not.