New 11th Circuit Opinion re: Drug Quantity and Statutory Mandatory Minimums
In US v. Bacon, No. 08-10463, the court vacated Defendant Sheikel Jamison’s sentence. Jamison was convicted of participating in a drug trafficking conspiracy under 21 U.S.C. section 846. There was a special jury verdict that the conspiracy involved more than 5 kilograms of cocaine and Jamison was sentenced to the statutorily mandatory minimum sentence of 10 years imprisonment.
On appeal Jamison argued that his sentence must correspond to the quanitity of drugs attributable to him.The court agreed, concluding that Jamison must be sentenced based on an individualized finding, supportable by a preponderance of the evidence, as to the drug quantity foreseeable by that defendant. Jamison’s sentence was vacated and his case remanded for re-sentencing.
Posted by Richard Grossman
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