Sentencing guidelines error is harmless where defendant is otherwise subject to equivalent statutory mandatory minimum sentence
SENTENCING United States v. Apperson, No. 03-3368, ___ F.3d ___ (10th Cir. Mar. 28, 2006)(Kansas). Appeal of conviction and sentence for conspiracy to manufacture, distribute, and dispense LSD, and possession with intent to distribute LSD in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846. HELD: Any errors on part of district court in calculating defendant’s sentence under sentencing guidelines, including Booker error resulting from use of judge-found drug quantities, was harmless where defendant was subject to statutory mandatory life sentence under 21 U.S.C. § 841(b)(1)(A) on basis of his own admissions of two prior drug-related convictions and jury’s separate drug quantity findings. Read the opinion here. |
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