Does a defendant have grounds to argue that he was wrongfully sentenced for a drug conspiracy conviction that involved d-methamphetamine rather than l methamphetamine?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sitton, 103 F.3d 143 (9th Cir. 1996):
Sitton contends that he was erroneously sentenced because the government failed to prove that his drug conspiracy conviction involved d-methamphetamine rather than l-methamphetamine. Because he did not object at sentencing or on direct appeal, his claim is foreclosed by United States v. McMullen, No. 95-36031, slip op. at 14013 (9th Cir. Oct. 23, 1996).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motion to amend the sentence of a convicted criminal to a maximum sentence under Section 851 of the Criminal Code, what is the difference between the convictions of two separate defendants? (MultiRegion, United States of America)
In a motion to appeal against the sentence of a convicted drug dealer who was convicted of possession of a Class A drug with intent to manufacture and distribute methamphetamine in his home, what are the challenges to his sentence? (MultiRegion, United States of America)
Can a sentencing court enhance the sentence of a defendant convicted of a drug offence under section 841(a) on the basis of a prior felony drug conviction? (MultiRegion, United States of America)
Does a federal court's failure to conduct a foreseeability analysis to determine the amount attributable to each defendant convicted of conspiracy to commit a conspiracy to obstruct the course of justice affect sentencing? (MultiRegion, United States of America)
What is the appropriate sentence for a defendant convicted on a conspiracy count involving more than one controlled substance? (MultiRegion, United States of America)
Can a defendant be convicted of conspiracy without any involvement in the conspiracy? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Can a defendant challenge their convictions on the grounds that there is insufficient evidence to support their convictions? (MultiRegion, United States of America)
In what circumstances will a defendant be able to appeal against a sentence that was wrongfully sentenced? (MultiRegion, United States of America)
Does a combined sentence under Section 846 of the New York State Criminal Code apply to a defendant convicted of conspiracy to commit a drug trafficking offence? (MultiRegion, United States of America)
