269 results for 'cat:"Drug Offender" AND cat:"Sentencing"'.
J. Wright finds the trial court properly assessed $937 in court costs for defendant's conviction of possession of less than 1 gram of meth. Though the trial court did not orally pronounce a $500 fine, and so could not include it in the final judgment, the same rule does not apply to taxable costs, which are not part of the punishment. Defendant has not shown that the court erred by rendering a judgment including $937 in taxable costs. The $500 fine is deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: September 20, 2023, Case #: 09-22-00198-CR, Categories: drug Offender, sentencing, Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Ikuta affirms in part and vacates in part a sentence imposed on defendant after she alleged that her due process rights were violated when the district court failed to pronounce certain discretionary conditions of supervised release in her presence. A district court must orally pronounce all discretionary conditions of supervised release, even if those conditions were considered "standard." Defendant pleaded guilty to two counts of knowingly and intentionally importing 500 grams or more of cocaine and methamphetamine into the United States. The panel vacated only the conditions of defendant’s supervised release that were referred to as the “standard conditions” in the written sentence but were not orally pronounced. Affirmed in part.
Court: 9th Circuit, Judge: Ikuta, Filed On: September 13, 2023, Case #: 21-50129, Categories: drug Offender, sentencing, Due Process
J. Kamins finds the sentencing court properly denied post-conviction relief to defendant, convicted of burglary, theft, criminal mischief and unlawful possession of methamphetamine. Mandell v. Miller. Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: September 13, 2023, Case #: A177238, Categories: Burglary, drug Offender, sentencing
J. Lee finds that the lower court properly sentenced defendant to 300 months in prison for distributing meth, including an obstruction of justice enhancement. The evidence clearly shows that defendant made a phone call instructing an associate to "get the stash out of the house" and hide evidence of drug trafficking after he found out the house was going to be searched. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: September 11, 2023, Case #: 22-2131, Categories: drug Offender, sentencing, Obstruction
J. Wiener finds the district court improperly reapplied a firearm enhancement to defendant’s sentence for his guilty plea conviction for conspiring to possess with intent to distribute meth. Upon arrest, defendant was found sitting near a firearm, supporting constructing possession. Defendant offered rebuttal evidence at trial to the government’s argument that a temporal and spatial relation existed between the weapon, the drug trafficking activity and the defendant. This evidence was not properly considered at resentencing. Vacated and remanded.
Court: 5th Circuit, Judge: Wiener, Filed On: September 8, 2023, Case #: 22-10452, Categories: drug Offender, Firearms, sentencing
[Consolidated]. J. Erickson finds a lower court properly convicted a male Mexican national for conspiracy to commit money laundering and distributing meth, but may have erred in convicting a female Mexican national on the same charges. The government argued that the female Mexican national was in close proximity to meth while barricaded in a room, carried a knife in her purse, and attempted to flush drugs down a toilet, which resulted in a sentence of 180 months in prison. However, she presented sufficient evidence in court that she was inside the residence to cook, clean, and provide child care, and may be entitled to judgment of acquittal. Reversed in part.
Court: 8th Circuit, Judge: Erickson, Filed On: September 6, 2023, Case #: 22-2914, Categories: drug Offender, sentencing, Money Laundering
J. Easter finds the lower court properly denied defendant’s request for alternative sentencing. Defendant pleaded guilty to the facilitation and sale of methamphetamine to a confidential informant in a controlled buy. A six-year sentence was agreed upon, but the manner in which he would serve was left to the court; it chose incarceration. While the lower court did abuse its discretion in sentencing the defendant without the use of a proper presentence report and failing to consider the risk and needs assessment, the issues are waived because he did not object at his sentencing hearing. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: September 1, 2023, Case #: W2022-01092-CCA-R3-CD, Categories: drug Offender, sentencing
J. Bush finds the trial court properly applied a managerial role sentencing enhancement after defendant was convicted of drug trafficking. Although he was not the ringleader of the trafficking operation, he received a larger share of profits than others in the outfit and coordinated meetings to exchange wholesale shipments of heroin for cash. Meanwhile, a firearm enhancement was also proper based on evidence obtained from jail calls defendant made to his girlfriend, during which he told her a gun was hidden under the porch of his home, a statement sufficient to prove constructive possession of the weapon. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: August 31, 2023, Case #: 22-5600, Categories: drug Offender, Firearms, sentencing
Per curiam, the circuit finds that the district court properly applied a two-level enhancement in sentencing defendant based on his guilty plea to conspiring to sell heroin and fentanyl. Defendant contends the enhancement for having a "drug-distribution premises" was procedurally unreasonable, but while he no longer lived at the residence, defendant kept the apartment and, by his own admission, continued to sell narcotics from the place. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: August 29, 2023, Case #: 22-331-cr, Categories: drug Offender, sentencing
J. Nalbandian finds the trial court properly used a state drug conviction to set defendant's base sentencing level for possession of an illegal firearm. Federal sentencing guidelines do not require the use of the Controlled Substances Act and give courts discretion to use a qualifying state court conviction. Meanwhile, the trial court properly added a sentencing enhancement for reckless endangerment because defendant's conduct, which included firing the gun outside his home all day and briefly barricading himself in the property when police arrived, unquestionably put police and bystanders in danger. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: August 29, 2023, Case #: 22-1280, Categories: drug Offender, Firearms, sentencing
J. Clay finds the trial court erroneously failed to provide its own analysis and instead used the "crack-to-powder" ratio set by Congress to set the base offense level for defendant's sentence on drug and weapons charges. The trial court "failed to appreciate the scope of its discretion" to determine the proper ratio. The trial court also failed to respond to defendant's argument that anything other than a 1:1 ratio would result in an excessive sentence and, therefore, his sentence will be vacated and the case will be remanded for resentencing. Vacated in part.
Court: 6th Circuit, Judge: Clay, Filed On: August 25, 2023, Case #: 21-1824, Categories: drug Offender, Firearms, sentencing
J. Joyce finds the post-conviction court properly denied relief to defendant, convicted of drug offenses. “Given that petitioner has admitted that he was guilty of the substantive crime, the validity of his convictions cannot be affected by any antecedent constitutional infirmity of the police’s search because his convictions do not rest in any way on evidence that may have been improperly seized; instead, his convictions rest on his guilty plea.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: August 23, 2023, Case #: A175317, Categories: drug Offender, Evidence, sentencing
J. Frisch reverses the defendant's sentence for drug and firearm-related offenses, finding that he did not expressly or implicitly waive his right to counsel after dismissing his existing counsel, and so should not have been required to proceed pro se at his sentencing hearing. The district court did not advise the defendant of the consequences of discharging his counsel or proceeding pro se at the sentencing. Reversed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: August 21, 2023, Case #: A22-1333, Categories: drug Offender, sentencing, Self Representation
J. Benjamin finds that the lower court improperly applied a sentence enhancement for possession of a firearm in connection with another felony offense, specifically felony possession of drugs. Defendant, found unconscious in his car grasping a pistol, did not use the firearm to facilitate his possession of a small amount of cocaine in his pocket. Vacated in part.
Court: 4th Circuit, Judge: Benjamin , Filed On: August 17, 2023, Case #: 22-4284, Categories: drug Offender, Firearms, sentencing
J. Jones finds the district court properly convicted and sentenced defendant for conspiracy to possess with intent to distribute meth and felon in possession of a firearm. Though the offenses are related, and guidelines call for credit for time served, the guidelines are not obligatory. The sentences were treated as concurrent from the day of the second sentencing without accounting for 13 months of back time. Trial counsel argued for the application of guidelines governing sentences handed down while a defendant is currently serving and was not constitutionally obliged to do more. Affirmed.
Court: 5th Circuit, Judge: Jones, Filed On: August 16, 2023, Case #: 20-10478, Categories: drug Offender, Firearms, sentencing
[Consolidated]. J. Kelly finds a lower court improperly sentenced three defendants after they pleaded guilty to federally controlled drug crimes. The government argued that the lower court properly convicted all three defendants on five counts of conspiracy to sell meth and imposed sentences of 240, 190, and 300 months in prison respectively. However, the defendants presented sufficient evidence in court that their convictions for "offer-to-sell" may have fallen short based on an incomplete drug transaction. Vacated.
Court: 8th Circuit, Judge: Kelly, Filed On: August 15, 2023, Case #: 21-3524, Categories: drug Offender, Evidence, sentencing
J. Windhorst finds that the trial court improperly sentenced defendant to 16 years imprisonment at hard labor for distribution of methamphetamine. The trial court incorrectly deviated from the 20-year mandatory minimum sentence for a fourth-felony offender. The reasons given by the trial court for finding defendant exceptional based on his age, military history, cooperative behavior during incarceration and other factors are insufficient to warrant the downward deviation from the mandatory minimum sentence. Vacated.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: August 9, 2023, Case #: 22-KH-300, Categories: drug Offender, sentencing
J. Windhorst finds that the trial court properly convicted defendant of distributing methamphetamine but incorrectly sentenced him to 16 years imprisonment at hard labor. Sufficient evidence was presented to support defendant's conviction and defendant failed to show that he was prejudiced by the admission of evidence that a confidential informant bought drugs from him on multiple occasions. The trial court incorrectly deviated from the 20-year mandatory minimum sentence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: August 9, 2023, Case #: 22-KA-383, Categories: drug Offender, sentencing
J. Wilson finds the lower court properly convicted defendant on three counts of sale of 0.5 grams or more of methamphetamine, three counts of delivery of 0.5 grams or more of methamphetamine, and four counts of possession of a firearm during the commission of a felony, and sentenced him to three concurrent sentences of 11 years on the drug counts and a consecutive four-year sentence for the firearm convictions. While defendant argues his sentence is excessive, the instant court finds the lower court did not abuse its discretion when it considered defendant’s past behavior and convictions when deciding his sentence and imposed a sentence that is within the statutory range. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 9, 2023, Case #: W2023-00086-CCA-R3-CD, Categories: drug Offender, Firearms, sentencing
J. Stone finds that the trial court properly convicted defendant of possession of methamphetamine with intent to distribute and firearm offenses. Sufficient evidence was presented to support defendant's convictions, including defendant's own admission that meth found in his bedroom belonged to him. The trial court correctly sentenced defendant to four 18-year, one 20-year and one 10-year hard labor sentences to run concurrently. Defendant's sentence is not excessive in light of the fact that defendant was already on probation, had an extensive criminal history and demonstrates a high likelihood of recidivism. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: August 9, 2023, Case #: 55,171-KA, Categories: drug Offender, Firearms, sentencing
J. Jackson-Akiwumi finds that the lower court improperly applied statutory mandatory minimum penalties at defendant's sentencing for his role in a large-scale heroin conspiracy. The sentencing judge entirely skipped defendant's safety valve argument, and improperly imposed a 5-year period of supervised release. These errors require vacating and remanding the case for resentencing. Vacated.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 9, 2023, Case #: 21-3010, Categories: drug Offender, sentencing
J. Brennan finds that the lower court improperly denied defendant's post-conviction motion alleging ineffective assistance of counsel based on his attorney's failure to challenge defendant's designation as a career offender. Due to the ambiguity of the jury instructions, it is not clear without a doubt that the jury convicted defendant of a controlled substance offense, so his conviction is not a predicate offense. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: August 7, 2023, Case #: 20-1725, Categories: drug Offender, Ineffective Assistance, sentencing
J. Rovner finds that the lower court properly convicted defendant of conspiring to distribute meth and to launder money. The evidence adequately supports the sentencing judge's finding that defendant's role was on average with other conspiracy members, and he did not qualify for a minor-role reduction. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: August 7, 2023, Case #: 22-2814, Categories: drug Offender, sentencing