Defendant’s substantial assistance to government is only factor that may justify sentence below mandatory minimum
SENTENCING United States v. A.B., No. 06-2164, ___ F.3d ___ (10th Cir. Jun 24, 2008)(New Mexico). Appeal of sentence for possessing methamphetamine with intent to distribute and possessing firearm in connection with drug trafficking crime in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B) and 18 U.S.C. § 924(c). HELD: When sentence is fixed by statute, any exception to statutory sentence must also be given by statute. Therefore, because 18 U.S.C. § 3553(e) provides that only defendant’s substantial assistance to government may support downward departure below mandatory minimum sentence, sentencing guidelines considerations cannot justify sentence below mandatory minimum. United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed2d 621 (2005), cured constitutional infirmity of mandatory application of federal sentencing guidelines and dealt with scope of district court’s sentencing discretion under those guidelines. Booker did not cast constitutional doubt on statutory mandatory minimums. Read the opinion here. |
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