259 results for 'cat:"Drug Offender" AND cat:"Sentencing"'.
J. Golemon finds the trial court properly convicted defendant for possession with intent to deliver and manufacture a controlled substance. Although he was arraigned outside the presence of the jury, and in front of the sworn jury, defendant did not appear at his trial. The court sentenced him to 25 years in prison outside his presence. Defendant failed to explain his absence and did not file a motion for new trial or supplement the record with evidence explaining his absence. The appeals court defers to the trial court’s voluntariness determination. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 21, 2024, Case #: 09-23-00106-CR, Categories: drug Offender, sentencing, Due Process
J. Wood finds that the lower court improperly denied defendant's motion seeking a reduction in his sentence for crack-cocaine offenses just one day after receiving an updated motion in an order identical to its first order. None of the revisions in the order give any indication that the judge considered defendant's new arguments. Vacated.
Court: 7th Circuit, Judge: Wood, Filed On: February 20, 2024, Case #: 23-2313, Categories: drug Offender, sentencing
Per curiam, the circuit finds the district court properly denied the inmate's request for compassionate release. Convicted for drug trafficking conspiracy, the inmate suffers from numerous ailments stemming from his gunshot-caused paraplegia. He is wheelchair-bound and suffers from other life-threatening conditions, and the court made a substantial downward departure from the sentencing range of 135 to 162 months. The inmate had operated his drug trafficking enterprise while confined to a wheelchair and is correctly considered to remain a threat to the public. He has already received relief by the downward departure. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 14, 2024, Case #: 23-30582, Categories: drug Offender, sentencing, Prisoners' Rights
J. Nalbandian finds defendant's sentence for distribution of methamphetamine was not procedurally unreasonable. Although the trial court did not consider defendant's claim on appeal the government provoked his deeds by requesting certain amounts of drugs through a confidential informant, he never raised that claim at his sentencing hearing, but rather argued the facts proved he was not a kingpin, but a small dealer, an argument considered and rejected by the trial court. Meanwhile, the trial court's consideration of the drugs' purity does not render defendant's sentence unreasonable because the court used the proper base sentencing guideline and kept the final sentence within the statutory range. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: February 14, 2024, Case #: 22-2158, Categories: drug Offender, sentencing
J. Olson finds that the lower court improperly granted defendant’s suppression motion in this case involving a traffic stop that found evidence of him possessing marijuana with the intent to deliver. Pennsylvania presented evidence showing neither the defendant nor his codefendant, who was also in the car during the stop, were registered owners of the vehicle, so defendant failed to meet the burden of proving that he had a privacy interest in the vehicle. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: February 13, 2024, Case #: J-A28001-23, Categories: drug Offender, Search, sentencing
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J. Bower finds that defendant was properly sentenced to 15 years in prison after pleading guilty to possession of methamphetamine with intent to deliver based on her extensive criminal history and successive unsuccessful attempts at rehabilitation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: February 7, 2024, Case #: 23-0416, Categories: drug Offender, sentencing
J. Schlegel vacates defendant's sentences for possession of methamphetamine weighing less than two grams and possession of fentanyl weighing less than two grams. While the commitment indicates that defendant’s sentences were to be served at hard labor, the trial court did not state on the record at sentencing whether the sentences were to be served with or without hard labor. Therefore, the sentences are indeterminate. Vacated.
Court: Louisiana Court Of Appeal, Judge: Schlegel , Filed On: February 7, 2024, Case #: 23-KA-344, Categories: drug Offender, sentencing
J. Benton finds a lower court properly sentenced a defendant to 123 months in prison and three years probation for distributing cocaine. The defendant, who signed a plea agreement, argued that his sentence is unreasonable. However, the government presented sufficient evidence in court that it varied upward based on his criminal history and a previous arrest for possessing cocaine alongside a loaded firearm. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 6, 2024, Case #: 23-1514, Categories: drug Offender, Firearms, sentencing
J. Higginson finds the trial court improperly sentenced defendant for his guilty plea conviction on charges of conspiracy to possess with intent to distribute meth. Though defendant completed pretrial drug treatment, he also tested positive for drugs and was arrested for possession. The government breached the plea agreement clause promising to recommend a reduction for acceptance of responsibility as a penalty for his breach of the pretrial release conditions. Though the sentence was within guidelines, the government has failed to rebut the presumption that its breach affected the fairness and integrity of the proceedings. Vacated.
Court: 5th Circuit, Judge: Higginson , Filed On: February 6, 2024, Case #: 22-50872, Categories: drug Offender, sentencing, Due Process
J. Greenholtz finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant pleaded guilty to possession of heroin with intent to sell or deliver, with the length and manner of service to be determined by the court. Defendant received an 18-year sentence, and requested placement in a drug court program followed by community corrections, which the trial court considered; but when defendant was taken into custody, he was found to have heroin and opiates on his person and received new charges. Because of the new charges, defendant was no longer eligible for the drug court program and the trial court ordered him to serve his 18-year sentence. Defendant claims trial counsel was ineffective because he did not seek a competency evaluation due to mental illness, did not seek a continuance for his sentencing hearing, and alleges counsel knew he was not on his mental health medications and was using heroin at the time of the sentencing hearing. The post-conviction court found credibility in counsel’s testimony, and the instant court finds no deficiency in defendant’s representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: February 6, 2024, Case #: M2023-00048-CCA-R3-PC, Categories: drug Offender, Ineffective Assistance, sentencing
J. Kobes finds a lower court properly sentenced a defendant to 180 months in prison for engaging in a conspiracy to traffic thousands of oxycodone and fentanyl pills, travelling from Michigan to North Dakota. The defendant argued that his three level sentence enhancement is unreasonable. However, the government presented sufficient evidence in court that he acted as a manager in the drug trafficking ring when he directed a new recruit to distribute opioid tablets and other pills. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: February 6, 2024, Case #: 23-1522, Categories: drug Offender, Evidence, sentencing
J. Thapar finds defendant cannot challenge a sentencing enhancement included by the trial court for his control of another individual in the drug trafficking operation. He and his attorney agreed to allow the enhancement, which effectively withdrew his objection and bars his challenge under the invited error doctrine. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: February 2, 2024, Case #: 22-3889, Categories: Criminal Procedure, drug Offender, sentencing
Per curiam. The Eighth Circuit finds a lower court properly charged a defendant for conspiracy to distribute and possession with intent to distribute meth, cocaine, fentanyl, heroin, and marijuana, as well as engaging in money laundering. The defendant argued that the lower court erred in calculating the amount of drug quantities he possessed and distributed, and that his representation wrongfully allowed him to plead guilty to his crimes without a plea agreement. However, the government sufficiently showed in court that the defendant waived objections to the amount of drugs he possessed, minus marijuana, and that his ineffective counsel claim were not exceptional. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: February 1, 2024, Case #: 22-2417, Categories: drug Offender, sentencing, Money Laundering
J. Wood finds the lower court properly sentenced defendant to 66 years in prison for convictions on charges of meth possession with purpose to deliver, drug paraphernalia possession and possession of marijuana. After drugs were found in defendant's vehicle during a traffic stop, more drugs were found at his home. The evidence was properly admitted and supports the conviction along with testimony given by defendant's accomplice. An investigator's testimony involving community impact was not prejudicial because defendant was not sentenced to the maximum term despite haven been tried as a habitual offender. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 31, 2024, Case #: CR-23-281, Categories: drug Offender, Evidence, sentencing
J. Graves finds the district court properly sentenced defendant on his conviction for being a felon in possession of a firearm. Defendant was on parole when, during an unemployed period, he relapsed into taking drugs and gambling. An acquaintance made during that time was approached by an ATF confidential informant, and the associate brokered a deal for the informant to purchase a firearm from defendant. Though defendant had retained employment, quit doing drugs and began spending more time with his family before his arrest, he has not shown how his prior years of drug dealing and gang participation were erroneously used as sentencing enhancements. Furthermore, defendant's sentence of 63 months in prison is within guidelines. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: January 31, 2024, Case #: 23-10167, Categories: drug Offender, Firearms, sentencing
J. Raggi finds that the district court properly resentenced defendant on remand following vacation of the death sentence he received for the "brutal" murders of three people. Because the death penalty was not subsequently pursued, the "mandate rule" required a total sentence of life imprisonment due to defendant's conviction of murder in aid of racketeering and of murder in connection with conspiracy to traffic crack cocaine. Meanwhile, double jeopardy claims lacked merit as concerning sentences imposed for drug-related murder and drug conspiracy. Affirmed.
Court: 2nd Circuit, Judge: Raggi, Filed On: January 29, 2024, Case #: 21-2763, Categories: drug Offender, Murder, sentencing
J. Gravois finds that the district court should not have granted defendant's request for an out-of-time appeal of her convictions and sentences because the appeal was not timely filed within two years after her appeal delays expired or 30 days from the date of her guilty pleas to drug violations. However, defendant timely sought review of her probation revocation after her probation was revoked. Reversed and vacated in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 26, 2024, Case #: 23-KH-608, Categories: drug Offender, sentencing
J. Colloton finds a lower court properly convicted a defendant for conspiracy to distribute meth. The defendant argued that his 300-month sentence is unreasonable. However, the government presented sufficient evidence in court that the defendant played a major role in a meth trafficking conspiracy alongside his co-conspirator, who testified in court that he accompanied her on out-of-town drug runs, trafficking at least 120 kilograms. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 26, 2024, Case #: 23-1542, Categories: drug Offender, Evidence, sentencing
J. Horton finds that the lower court properly denied defendant's petition for post-conviction review, in which he alleged ineffective assistance of counsel after pleading guilty to certain drug trafficking charges under a plea agreement and receiving "concurrent sentences of twelve years straight." He contends that his counsel failed to adequately advise him of the "risk associated with the twelve-year cap option." However, counsel properly evaluated the risks, and his advice was not unreasonable. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: January 25, 2024, Case #: 2024ME7, Categories: drug Offender, Ineffective Assistance, sentencing
J. Neeley finds the trial court properly convicted defendant for meth possession. Though defendant was found not guilty for intent to deliver, because the possession conviction was enhanced by prior felony convictions designating him as a habitual offender, defendant was sentenced to 99 years. The possession conviction, enhanced to the punishment range for a first-degree felony, is as serious as the offenses committed by a defendant in a cited case who received a life sentence. Defendant's 99-year sentence is not more severe. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: January 24, 2024, Case #: 12-23-00205-CR, Categories: drug Offender, Evidence, sentencing
J. Hull finds that the trial court properly consolidated three cases against defendant that each included the possession of methamphetamine with intent to sell. Uncharged act drug and firearm evidence found during a search was within the trial court's discretion to admit. However, it was error to impose more than one enhancement for an offense defendant committed while on bail. Reversed in part.
Court: California Courts Of Appeal, Judge: Hull, Filed On: January 22, 2024, Case #: C096740, Categories: drug Offender, sentencing, Bail
J. Griffis finds the lower court properly convicted defendant of two counts of the sale of less than two grams of cocaine, which occurred during controlled buys using a confidential informant. Due to defendant’s prior felony convictions, he was sentenced to life as a habitual offender. Defendant argues his indictment is defective because it did not include the length of time he served for his prior felony convictions, but he failed to object to the indictments in the trial court so the matter cannot be considered on appeal. All other claims are without merit. Affirmed.
Court: Mississippi Supreme Court, Judge: Griffis, Filed On: January 18, 2024, Case #: 2022-KA-00859-SCT , Categories: drug Offender, sentencing
J. Stegall finds a lower court properly convicted a defendant for intent to distribute marijuana. The defendant argued that his 108 month prison term and 36 months probation was unreasonable based on a warrantless search of a trailer attached to his truck. However, the government presented sufficient evidence in court that the fifth wheel trailer was an extension of his vehicle. Affirmed.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: January 12, 2024, Case #: 123,559, Categories: drug Offender, Search, sentencing
J. Pratt finds the trial court wrongfully considered defendant's lawful possession of firearms when sentencing him to 87 months in prison for charges related to selling more than 25 pounds of marijuana, even though defendant was not charged with any gun crimes. According to statements made at sentencing, the judge may have relied on defendant's constitutional right to lawful firearm possession when sentencing him, and that is prohibited by due process. Defendant's sentences are vacated, and the case is remanded for re-sentencing under a different judge.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: January 12, 2024, Case #: 22-0703, Categories: drug Offender, sentencing, Due Process
J. Zmuda finds the trial court properly denied defendant's motion to limit out-of-court testimony provided by a confidential informant who purchased drugs. Defendant admitted in his own testimony to all of the drug sales mentioned by the informant. Meanwhile, defendant's argument he was a small-time dealer who only sold drugs to feed his own addiction did not require the court to impose concurrent sentences, as the serious nature of his conduct and status as a repeat offender allowed for consecutive sentences, especially considering the court made all required findings. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: January 12, 2024, Case #: 2024-Ohio-115, Categories: drug Offender, Evidence, sentencing
J. Hoyle finds the trial court properly sentenced defendant following his conviction for possession of a controlled substance. All evidence supports the conviction, all sentencing factors, including the jury's finding of an enhancement as true, were properly considered, and his sentence is within statutory guidelines. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: January 11, 2024, Case #: 12-23-00220-CR, Categories: drug Offender, Evidence, sentencing
J. Niemeyer finds the lower court properly sentenced the defendant for violating the conditions of his supervised release. The defendant was arrested and convicted under state law on three counts of manufacturing or distributing illegal drugs and sentenced to 13 years imprisonment for those offenses during his supervised release for a previous drug trafficking conviction. Despite the judge referencing some prohibited factors during sentencing, the sentence itself is not unreasonable. Affirmed.
Court: 4th Circuit, Judge: Niemeyer , Filed On: January 8, 2024, Case #: 22-4291, Categories: drug Offender, Parole, sentencing
J. Harris finds the lower court improperly calculated its sentencing guidelines range when sentencing the defendant to 80 years in prison. The defendant was involved in a large-scale conspiracy to transport and sell drugs – primarily methamphetamine, but also heroin, cocaine, and crack – across Ohio and West Virginia. Police seized nearly three kilograms of meth from another drug trafficker who bought from the same seller as the defendant and attributed the amount to the defendant when calculating his sentence despite no evidence of the defendant and that drug trafficker being connected. Vacated.
Court: 4th Circuit, Judge: Harris, Filed On: January 5, 2024, Case #: 21-4181, Categories: drug Offender, sentencing, Conspiracy