262 results for 'cat:"Drug Offender" AND cat:"Sentencing"'.
[Consolidated.] J. Sullivan finds that the district court properly sentenced two defendants based on their guilty pleas to trafficking fentanyl but improperly enhanced one defendant's sentence for his leadership role absent evidence of such. Rather, the record indicated defendant operated as an independent middleman who made bulk sales to several customers, and who lacked control over other the other defendant's "parallel" operation. Meanwhile, the second defendant's contention that his family home could not constitute a stash house was not supported by a statutory basis.
Court: 2nd Circuit, Judge: Sullivan, Filed On: May 16, 2024, Case #: 22-1804(L), Categories: drug Offender, sentencing
J. Yegan finds that defendant failed to preserve his claim that he is entitled to resentencing for conspiring to smuggle marijuana into prison. Neither he nor counsel show any legal error occurred in a previous resentencing that took two years off his 10-year sentence. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: May 15, 2024, Case #: B325433, Categories: drug Offender, sentencing
[Consolidated.] J. Cobbs finds that the lower court improperly sentenced defendants' for criminal drug conspiracy and must make an inquiry into allegations of juror misconduct based on a juror's allegations of racial bias during deliberations. The court abused its discretion in refusing to allow the defense to obtain juror 40's affidavit making credible allegations of racial bullying by another juror. However, the sentencing on the charge of running a criminal drug conspiracy was in error because the court cannot impose an extended sentence without the jury making a finding on the specific quantity of drugs forming the object of the conspiracy. Vacated in part.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: May 14, 2024, Case #: 181491, Categories: drug Offender, Jury, sentencing
J. Bush finds the trial court properly denied defendant's motion for safety-valve sentencing relief after he pleaded guilty to drug trafficking charges. Although he cooperated with federal investigators about his drug shipping operation, he failed to provide the names or aliases of any customers and lied about his involvement and monetary gain from the scheme. Meanwhile, although the court's failure to calculate defendant's sentencing guidelines was erroneous, the error was harmless because the court imposed a minimum fine and sentence, which did not prejudice defendant. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: May 13, 2024, Case #: 23-3048, Categories: drug Offender, sentencing
Per curiam, the Seventh Circuit finds that the lower court properly determined defendant is not entitled to a reduced sentence under the First Step Act. Defendant was convicted in 1998 of engaging in a continuing criminal enterprise (CCE) by managing the drug-trafficking operation of the Latin Kings street gang in Chicago and sentenced to life in prison. CCE convictions are not covered offenses under the Act because the statutory penalties of 20 years to life were not altered by the Fair Sentencing Act. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-1318, Categories: drug Offender, sentencing, Gangs
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J. Murphy finds the lower court properly denied defendant's motion for resentencing under the First Step Act because his drug trafficking crimes involved an intent to distribute over 500 grams of crack cocaine, well in excess of the 280 grams required to trigger a life sentence under the 2018 revised version of the Act. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: May 7, 2024, Case #: 21-3753, Categories: drug Offender, sentencing
J. Restrepo finds the District Court erred in setting defendant’s guidelines range at 51–63 months. The “sentencing judge mistakenly believed that nearly the entirety of [defendant's] mitigation was accounted for by adjustments to his guidelines range.”
Court: 3rd Circuit, Judge: Restrepo, Filed On: May 6, 2024, Case #: 23-1927, Categories: drug Offender, sentencing
Per curiam, the circuit finds that the district court improperly sentenced defendant based on his guilty plea to possessing and conspiring to distribute cocaine, with an admission to participating in a murder to further the conspiracy. The prosecution challenged the time-served sentence as substantively unreasonable, and while the court cited defendant's success in turning his life around, the record did not fully explain the reasoning behind the below-guidelines term. Thus, remand for clarification is necessary.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 1, 2024, Case #: 22-1707-cr, Categories: drug Offender, sentencing
J. Riedmann finds the trial court properly convicted defendant by no-contest plea for distribution of meth and fentanyl. A confidential informant purchased drugs from defendant on three occasions and all evidence supports the convictions. Defendant was sentenced, cumulatively, to up to 14 years in prison. Though she says the sentences are excessive, all factors were properly considered and the appeal waiver provision bars defendant from appealing her sentence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 30, 2024, Case #: A-23-910, Categories: drug Offender, sentencing, Plea
J. Lee finds that the lower court improperly sentenced defendant to 150 months in prison after applying two sentencing enhancements. The record does not support a finding that defendant used his home for the primary purpose of making meth, so this enhancement was improperly applied. The enhancement for his role as a supervisor of the conspiracy is supported by the evidence. Vacated.
Court: 7th Circuit, Judge: Lee, Filed On: April 22, 2024, Case #: 22-3015, Categories: drug Offender, sentencing
J. Easter finds the lower court improperly dismissed defendant’s motion for a new trial. Defendant was convicted on multiple drug-related offenses, including the sale and delivery of cocaine within 1,000 feet of a school, and received an effective 33 year sentence. The Governor of Tennessee subsequently partially granted defendant executive clemency, his sentences for the sale and delivery of cocaine within 1,000 feet of a school were commuted and he immediately became eligible for parole on those counts. The lower court found defendant ineligible for resentencing based on his commutation order and dismissed the pending motion for new trial. The instant court finds defendant was denied his day in court for his motion for resentencing and the lower court should have continued with the scheduled evidentiary hearing. The matter is remanded for a hearing. Reversed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: April 22, 2024, Case #: E2023-00149-CCA-R3-CD, Categories: drug Offender, sentencing, Due Process
J. Henderson upholds defendant's 120-month sentence for his conviction for conspiracy to distribute more than 280 grams of crack cocaine. Contrary to defendant's claim, the safety valve provision does not support his contention defense counsel should have argued he was eligible for sentencing without considering the statutory minimum. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 20-3083 , Categories: drug Offender, Ineffective Assistance, sentencing
J. Gregory finds the lower court improperly denied the defendant's appeal for compassionate release without fully considering each of his arguments. The defendant, serving a 210-month prison sentence for conspiracy to possess with intent to distribute heroin, petitioned the court for compassionate release on the grounds that there has been a change in the law regarding his career offender status. Virginia robbery no longer constitutes a violent felony under the Armed Career Criminal Act, invalidating his career offender guidelines designation. Vacated.
Court: 4th Circuit, Judge: Gregory , Filed On: April 18, 2024, Case #: 21-7325, Categories: drug Offender, Robbery, sentencing
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty pleas to drug possession in two indictments. Defendant contends the concurrent parts of his sentence were harsh, but he secured a "highly advantageous" plea agreement despite having an extensive criminal history. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112056, Categories: drug Offender, sentencing, Plea
J. Witt finds the lower court properly convicted defendant of delivering and selling .5 grams or more of methamphetamine for selling to a confidential informant in a controlled buy conducted by the Lincoln County Sheriff’s Department. The lower court considered defendant’s criminal history, and applied applicable enhancements, as she was classified as a Range III persistent offender. Evidence is sufficient to support her conviction and sentence of 25 years incarcerated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: April 12, 2024, Case #: M2023-00225-CCA-R3-CD, Categories: drug Offender, Evidence, sentencing
[Consolidated.] J. St. Eve finds that the lower court improperly sentenced defendant for conspiracy to distribute meth based on a finding that the conspiracy involved 737 grams of "ice" meth. The state only tested a small amount of the drug for purity, and cannot simply rely on co-conspirators' statements to calculate the total drug weight. Reversed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 11, 2024, Case #: 22-2994, Categories: drug Offender, sentencing
J. Hoyle finds the trial court properly convicted defendant for possession of codeine. Defendant was arrested after officers saw him "hanging out" by a dumpster in a parking lot. Officers discovered three pills containing codeine after defendant consented to a search, and database documentation regarding codeine levels is sufficient to show the codeine content falls within a particular penalty group. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 10, 2024, Case #: 12-23-00145-CR, Categories: drug Offender, Evidence, sentencing
J. Thompson finds that defendant was properly resentenced to the same maximum sentences on each of his five counts related to drug and gun convictions. The sentences are within the statutory range, and the record shows that defendant had a long and continued history of criminal activity and convictions spanning over 30 years. Further, defendant was arrested for the charges he is currently appealing while he was already on parole. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson , Filed On: April 10, 2024, Case #: 55,592-KA, Categories: drug Offender, Firearms, sentencing
J. Douglas finds that the lower court improperly sentenced defendant following her guilty plea to unlawful possession of scheduled drugs. The lower court abused its discretion in imposing "an unsuspended, three-year prison sentence" based on an "interconnection of drugs with homicides" that had no basis in the record. Defendant's alleged conduct did not involve violence, and there was no evidence she had ever been violent. Additionally, the court failed to reconcile the sentence at issue with a previously imposed sentence. Vacated.
Court: Maine Supreme Court, Judge: Douglas, Filed On: April 9, 2024, Case #: 2024ME24, Categories: drug Offender, sentencing