261 results for 'cat:"Drug Offender" AND cat:"Sentencing"'.
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
J. Gregory finds the lower court properly sentenced the defendant. The defendant pleaded guilty to a single count of possession of a stolen firearm stemming from a robbery of a sports equipment store, and his sentence was enhanced due to him being an unlawful user of controlled substances and being under indictment for a felony at the time of the offense. The defendant told the police in an interview that he was addicted to cannabis and had smoked up until 2021, which is well past the commission of his state and federal crimes meaning he admitted to being an unlawful drug user contemporaneous with his arrest. Affirmed.
Court: 4th Circuit, Judge: Gregory, Filed On: January 4, 2024, Case #: 22-4426, Categories: drug Offender, Firearms, sentencing
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[Consolidated.] J. Abele finds the trial court erroneously imposed a $5,000 fine after defendant pleaded guilty to various drug trafficking charges. The fine was not announced in open and was imposed after both sides stipulated to her indigency, which renders the fine unlawful. However, the court made all necessary findings to impose consecutive sentences, including an analysis of the seriousness of the offenses and her likelihood to reoffend, and so the prison sentences will remain intact. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: January 3, 2024, Case #: 2024-Ohio-59, Categories: drug Offender, sentencing
J. Abele finds the trial court properly denied defendant's motion to withdraw her guilty plea on a drug possession charge. She was represented by competent counsel, was given a full hearing prior to entering her plea and did not have a legitimate reason to alter the plea, other than a change of heart. However, the trial court erroneously failed to fully advise defendant of the sentencing requirements, including a presumption of release after the initial prison term; therefore, the case must be remanded to allow for proper sentencing instructions. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: January 3, 2024, Case #: 2024-Ohio-58, Categories: drug Offender, sentencing, Plea
Per curiam, the circuit finds the district court improperly sentenced defendant for his conviction on charges for possession with intent to distribute marijuana and meth following a search of his vehicle that revealed 450 pounds of marijuana, loaded AR-15 magazines and 154 grams of meth. A 2-level sentencing enhancement was applied for his being an organizer of the activity, as well as a 3-level reduction for acceptance of responsibility, which resulted in a guideline level of 29. However, the 108-month sentence he received reflects the low end of level of 30, requiring review. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 29, 2023, Case #: 22-50787, Categories: drug Offender, Immigration, sentencing
[Consolidated]. J. Benton finds a lower court properly sentenced two defendants for conspiracy to distribute 50 grams or more of meth. The co- conspirator defendants argued that their enhanced sentences are unreasonable. However, the government sufficiently showed in court that the first defendant acted as an organizer engaging in criminal activity by transporting 10 pounds of meth, and that the second female defendant sold the drugs to an undercover informant. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 22-3333, Categories: drug Offender, sentencing, Conspiracy
J. Larsen upholds defendant's bottom-of-the-guidelines 9-year sentence after defendant pleaded guilty to distributing meth. Defendant waived the opportunity to appeal the reasonableness of his sentence on a single drug trafficking charge when his attorney told the trial court he had no objections to the sentence. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: December 27, 2023, Case #: 22-2009, Categories: drug Offender, sentencing
J. Benton finds a lower court properly sentenced a defendant to 290 months in prison for possession with intent to distribute meth and conspiracy to posses with intent to distribute meth. The defendant drug courier argued that an undercover DEA special agent engaged in entrapment by setting up a controlled buy. However, the government sufficiently showed in court that the special agent had not persuaded him into selling the drugs. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 27, 2023, Case #: 23-1156, Categories: drug Offender, sentencing, Conspiracy
J. Windhorst affirms defendant’s convictions for possession of heroin and cocaine, noting the trial court did not abuse its discretion when allowing the state to submit unredacted scientific analysis showing traces of methadone, methamphetamine and fentanyl in defendant’s drugs. Because of inconsistencies in the sentencing between the transcript and the minute entry, the sentence is vacated and the case is remanded for resentencing. Affirmed in part, vacated in part.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 27, 2023, Case #: 23-KA-263, Categories: drug Offender, Evidence, sentencing
J. Ayers finds the lower court properly convicted defendant of possession of cocaine with intent to sell or deliver and possession of a firearm after having been convicted of a violent felony, when he pleaded guilty to both crimes. Per his plea agreement he was sentenced to concurrent 10-year sentences with the trial court to determine the way in which he would serve; it chose confinement. Defendant argues that he was erroneously denied probation at his sentencing hearing, but the lower court based its confinement decision on defendant’s criminal history and prior probation violations. The lower court did not abuse its discretion. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: December 26, 2023, Case #: E2023-00241-CCA-R3-CD, Categories: drug Offender, Firearms, sentencing
J. Greer finds that defendant was properly sentenced for first-degree theft, drug tax stamp violations, and conspiracy to commit a forcible felony because the lower court properly admitted victim impact statements in which jail staff described how their well being had been affected by knowing about defendant's plan to violently attack them. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: December 20, 2023, Case #: 22-1867, Categories: drug Offender, sentencing, Theft
J. Duarte finds that defendant is entitled to a full resentencing hearing so changes to prior prison term enhancement statutes can be applied to his drug possession conviction. A full hearing is required where enhancements that constitute an unauthorized sentence were imposed, even if the enhancements were stayed. Vacated.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: December 19, 2023, Case #: C097966, Categories: drug Offender, sentencing
J. Kirsch finds that the lower court improperly sentenced defendant for drug offenses, finding that he was ineligible for the safety valve because he qualified for a firearms enhancement. Just because a defendant qualifies for a sentencing enhancement does not necessarily mean that he does not qualify for the safety-valve relief. Vacated.
Court: 7th Circuit, Judge: Kirsch, Filed On: December 19, 2023, Case #: 23-2172, Categories: drug Offender, sentencing
J. Schock finds the trial court improperly sentenced defendant for her conviction on charges of possession of meth with intent to distribute. Defendant was convicted for burglary, conspiracy, theft, possession with intent to distribute and identity theft. All charges but the possession charge stem from her burglary of a home, which was evacuated due to an approaching fire. Defendant’s 64-year habitual criminal sentence for possession with intent to distribute, based on two prior convictions for the same, raises an inference of disproportionality and must be reviewed. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock , Filed On: December 14, 2023, Case #: 2023COA120, Categories: Burglary, drug Offender, sentencing
J. Jordan finds that the district court properly denied defendant's motion for a reduction of his life sentence for crack cocaine offenses under the First Step Act. The government gave defendant notice before trial that, if convicted, he was subject to an enhanced statutory sentence based on his prior felony drug convictions. Defendant already received the lowest penalty available to him under the Fair Sentencing Act and he is not entitled to relitigate the sentencing court's drug quantity finding. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: December 14, 2023, Case #: 21-13838, Categories: drug Offender, sentencing
J. Chafin finds the lower court improperly sentenced the substance abuser to 60 days in prison. The substance abuser overdosed on drugs after recently being released from prison following a 2-year stint for drug use. Virginia's legislature made a law that limits the amount of time someone can be sentenced after breaking the terms of their probation related to drug use to only 14 days. Reversed.
Court: Virginia Supreme Court, Judge: Chafin, Filed On: December 14, 2023, Case #: 230127, Categories: drug Offender, Probation, sentencing
J. Schock finds that while the trial court properly considered arrest warrant affidavits during defendant's sentencing, it could not use claims of distribution of methamphetamine to convert defendant's possession conviction into a distribution conviction, one that is a grave offense with harsher sentencing guidelines. Therefore, the 64-year sentence imposed for defendant's possession convictions creates an inference of disproportionality and the case must be remanded to allow the trial court to conduct an extended proportionality review. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: December 14, 2023, Case #: 2023COA120, Categories: drug Offender, sentencing
J. Wright finds the trial court properly convicted defendant for possession of a controlled substance based on sufficient evidence. The arresting officer discovered defendant living in a purportedly stolen RV while investigating a report of a stolen RV, and found baggies of meth, glass pipes with meth residue, digital scales and used syringes during a search. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: December 13, 2023, Case #: 09-21-00266-CR, Categories: drug Offender, Evidence, sentencing
J. Johnson finds the trial court properly convicted defendant for the manufacture or delivery of a controlled substance after defendant pleaded guilty to the charge, but "not true" to sentencing enhancements for a prior burglary offense. However, an investigator's testimony comparing fingerprints and other evidence shows defendant was previously convicted of burlgary. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 13, 2023, Case #: 09-22-00400-CR, Categories: drug Offender, Evidence, sentencing
J. Wilkinson finds the lower court properly sentenced the defendant to 120 months imprisonment and five years of supervised release for unlawful possession of a firearm and aiding and abetting possession with intent to distribute at least 40 grams of fentanyl. The defendant had previously been convicted of 27 non-traffic offenses, including nighttime burglary, burglary, grand theft, contempt of court, and domestic battery. The defendant qualified for an upward variance in his sentencing despite pleading guilty due to the quantity of fentanyl the defendant possessed. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: December 12, 2023, Case #: 21-4312, Categories: drug Offender, Firearms, sentencing
J. Moore finds the trial court properly sentenced defendant by plea-based conviction for attempted possession of meth with intent to deliver. During a routine traffic stop, the officer discovered $18,000 and one pound of meth in the vehicle. After receiving a Miranda warning, defendant agreed to speak and admitted to delivering several pounds of meth and marijuana, and that the money was from the sale of the drugs. All evidence supports conviction, and the sentences were within the statutory range. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: December 12, 2023, Case #: A-23-277, Categories: drug Offender, Evidence, sentencing
Per curiam, the circuit finds that the district court improperly imposed career-criminal enhancements in the sentence imposed after defendant pleaded guilty to distributing cocaine base because two prior state-court narcotics convictions involved laws categorically broader than comparable federal laws.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 7, 2023, Case #: 20-4162, Categories: drug Offender, sentencing