259 results for 'cat:"Drug Offender" AND cat:"Sentencing"'.
J. Fisher finds that the lower court properly convicted defendant of drug possession, using drug paraphernalia, and aggravated unlicensed operation of a motor vehicle. Defendant contends his prior convictions should not have been raised at trial, but such was permissible when counsel tried to shift blame for drugs found during a search of defendant's home to his wife, who died soon after defendant's indictment. However, sentencing on two counts should not have been imposed consecutively, as all counts should run concurrently. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 15, 2023, Case #: 112308, Categories: drug Offender, Evidence, sentencing
[Consolidated]. J. Smith finds a lower court properly convicted two brothers for their participation in a massive drug ring, and then sentenced them to 360 and 336 months in prison. The first brother argued that his sentence is unreasonable, while the second brother argued that wiretap and surveillance recording should be tossed out. However, the government presented sufficient evidence in court that the first brother was granted a two- year downward variance for mentoring other inmates, while the second brother was not entitled to relief based on his extensive criminal history. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 21-3075, Categories: drug Offender, sentencing
Per curiam, the Fifth Circuit finds the district court properly applied the career offender enhancement in sentencing defendant for his conviction on conspiracy to possess with intent to distribute five or more grams of meth. A pre-2018 predicate conviction qualifies as a controlled substance offense for sentencing even though hemp was removed from the Controlled Substance Act. Also, defendant’s Hobbs Act Robbery argument regarding intention is not applicable to a prior conviction for attempted child abuse, which requires specific intent. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 14, 2023, Case #: 21-50869, Categories: drug Offender, sentencing
[Consolidated]. J. Benton finds a lower court properly sentenced a defendant to 262 months in prison after he was convicted as a career criminal in possession of a firearm. The defendant argued that the government failed to present sufficient evidence in court. However, police officers obtained a valid warrant to search his home, where they found baggies containing meth and heroin, cutting tools, and a digital scale. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 13, 2023, Case #: 22-2385, Categories: drug Offender, Evidence, sentencing
J. Smith finds a lower court properly sentenced a defendant to 380 months in prison after he was convicted for distributing a controlled substance in close proximity to a protected location, and for possessing a firearm in furtherance of a drug trafficking crime. The defendant argued that length of his sentence is unreasonable. However, a police informant presented sufficient evidence in court that the defendant orchestrated a drug deal inside of a car wash near a park and playground. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 12, 2023, Case #: 21-3830, Categories: drug Offender, Firearms, sentencing
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J. Neeley finds the trial court properly convicted defendant for possession of a controlled substance, applying enhancements for his previous convictions for murder, forgery and robbery, and sentencing him to life in prison. Though defendant says that the omission of the jury’s finding of “true” as to one of the enhancements on the judgment of conviction voids the sentence, the omission is unrelated to the court’s reasoning, and the record provides the necessary proof of the jury’s findings. The judgment of conviction is corrected. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: June 8, 2023, Case #: 12-22-00269-CR, Categories: drug Offender, sentencing
J. Hudson finds the circuit court properly denied the inmate’s petition for a writ of habeas corpus to reverse his 125-year prison sentence for possession of crack with intent to deliver. Defendant was charged as a habitual offender, putting the sentence within the authorized range. Defendant’s due process and trial error arguments do not implicate the validity of the judgment or the court’s jurisdiction. The circuit court did not clearly err in rejecting the petition. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: June 8, 2023, Case #: CV-22-662, Categories: drug Offender, Habeas, sentencing
[Consolidated.] J. Pryor finds that the district court properly convicted defendant of being a felon in possession of a firearm and ammunition, possessing a firearm in furtherance of a drug trafficking offense and knowingly possessing cocaine or heroin with intent to distribute. Sufficient evidence was presented to support defendant's convictions. Defendant failed to show that the trial outcome would have been different if evidence from his phone had been disclosed. The district court correctly sentenced defendant to 25 years in prison under the Armed Career Criminal Act and did not commit any error in ruling that defendant's prior cocaine conviction qualified as a serious drug offense. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: June 6, 2023, Case #: 20-12907, Categories: drug Offender, Firearms, sentencing
J. Furuya finds a lower court improperly denied a defendant's motion to expunge records in connection to his conviction for solicitation to possess marijuana for sale. The State argued that the lower court properly sentenced the defendant for possessing 18 grams of marijuana back in 2014. However, his marijuana offenses are eligible for expungement under the Arizona Revised Statutes.
Court: Arizona Court Of Appeals Division One, Judge: Furuya, Filed On: May 31, 2023, Case #: 1 CA-CR 21-518, Categories: drug Offender, sentencing
J. Clay finds the district court improperly attributed a higher quantity of drugs to defendant when sentencing him in a drug conspiracy case that involved 17 other defendants. Evidence indicates shows defendant only purchased small quantities of drugs to sell to users but was not involved in the larger trafficking conspiracy. Therefore, his sentence is vacated and the case remanded for resentencing with a proper drug quantity attribution. Vacated.
Court: 6th Circuit, Judge: Clay, Filed On: May 31, 2023, Case #: 21-1521, Categories: drug Offender, Evidence, sentencing
J. Wardlaw finds that the district court erred in sentencing defendant for conspiracy to distribute at least 50 grams of methamphetamine. The district court concluded that the conviction qualified defendant as a career offender under United States Sentencing Guidelines Manual (USSG). The USSG does not include “conspiracy to distribute” in its list of controlled substance offenses. The matter is remanded for resentencing. Vacated.
Court: 9th Circuit, Judge: Wardlaw, Filed On: May 31, 2023, Case #: 21-50054, Categories: drug Offender, sentencing
J. Wall finds a lower court improperly imposed an illegal sentence on a defendant who was charged for kidnapping a teenager at gunpoint in order to coerce her to sell marihuana. The State argued that the lower court properly imposed a 71 month prison sentence on behalf of the defendant based on his criminal history score. However, the defendant presented sufficient evidence in court that he is entitled to a motion to correct the illegal sentence in an appellate court, which has subject matter jurisdiction over illegal sentences. Reversed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: May 26, 2023, Case #: 122,418, Categories: drug Offender, sentencing, Kidnapping
J. Egan finds that the lower court properly convicted defendant based on his guilty plea to drug possession and sale. After being discharged from a judicial diversion program for committing certain violations, defendant was sentenced to the maximum permissible term, which was not harsh given his criminal history and warnings he received concerning the possible sentence length. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 25, 2023, Case #: 111507B, Categories: drug Offender, sentencing, Plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to drug possession. However, because he is a predicate felony offender convicted of a drug-related felony, defendant should have been designated a second felony drug offender rather than as a second felony offender on the uniform sentence and commitment form. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 112487, Categories: drug Offender, sentencing, Plea
J. Wilson finds the lower court properly convicted defendant of two counts of the sale of .5 grams or more of methamphetamine within 1,000 feet of a school zone and one count of the sale of .5 grams or more of methamphetamine. Though defendant argues he should have been sentenced under an amended 2020 sentencing guideline, he committed the crimes in 2018 and the proper sentencing guidelines were applied. Evidence is sufficient to support defendant’s convictions and sentence to three 12-year terms to be served concurrently. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: May 19, 2023, Case #: M2021-01342-CCA-R3-CD, Categories: drug Offender, Evidence, sentencing
[Consolidated.] J. Neeley finds the trial court properly convicted defendant, by guilty plea, for drug possession, with an enhancement elevating one of the consolidated cases to a second-degree felony. All evidence supports the convictions, though certain costs were incorrectly duplicated and are modified. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: May 11, 2023, Case #: 12-22-00185-CR, Categories: drug Offender, Evidence, sentencing