LIFE FOR COCAINE POSSESSION OVERTURNED

LITTLE ROCK, Ark. -- A federal appeals court on Monday threw out a
life sentence against a man for possession of $20 worth of cocaine,
saying the punishment was "so harsh" that it was unconstitutional.

The 8th U.S. Circuit Court of Appeals gave Arkansas 90 days to decide
whether to re-sentence the man, Grover Henderson, or free him.

Henderson, 54, received the life sentence in Lafayette County in 1994
for possession of about a quarter gram of cocaine. The sentence was
upheld by the Arkansas Supreme Court, so he appealed to federal
courts, contending the term was cruel and unusual punishment under
the Eighth Amendment.

The appeals court said "it denies reality and contradicts precedent
to say that all drug crimes are of equal seriousness and pose the
same threat to society."

"This is one of those rare cases in which the sentence imposed is so
harsh in comparison to the crime for which it was imposed that it is
unconstitutional," the court said.

The court said only Idaho, Montana and Oklahoma permit a life
sentence for such an offense and rarely use it.

Lafayette County Prosecutor Brent Haltom said he expects to make
Henderson a reasonable sentencing offer based on the facts of the
case. Haltom said prosecutors originally offered Henderson about 18
years for a guilty plea.

"We're not going to hold it against him that he went through the
legal system," Haltom said. "For a first time offender to get a life
sentence, that's pretty stiff."

Henderson may face another trial if his attorneys do not accept the
prosecution's offer.