Does a defendant have the authority to argue that the enhancement of his sentence for drug possession is improper?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gavilan, 966 F.2d 530 (9th Cir. 1992):
We were presented with a similar argument in United States v. Willard, 919 F.2d 606 (9th Cir.1990), cert. denied, --- U.S. ----, 112 S.Ct. 208, 116 L.Ed.2d 167 (1991). In Willard, the defendant argued that the district court's enhancement of his drug sentence for gun possession was improper, because the guns were seized from his place of business and were not present at the scene of his offense. Id. at 609. In rejecting this contention, we stated:
"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
Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines? (MultiRegion, United States of America)
Is there any case law in which a defendant has argued that the sentencing of a defendant who has pleaded guilty to a charge of possession of a firearm with intent to endanger life and cause grievous bodily harm? (MultiRegion, United States of America)
Is it improper for a federal judge to sentence a defendant to two separate sentences for assault and possession of a firearm with intent to endanger life or cause bodily harm? (MultiRegion, United States of America)
What is the test for a defendant to argue that his sentence was improperly calculated as a result of his possession of methamphetamine as opposed to l-meth? (MultiRegion, United States of America)
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
Is a defendant's prior sentence imposed in a related case considered "related" if they are sentenced to two concurrent sentences by the same judge at the same hearing? (MultiRegion, United States of America)
Is it improper for a sentencing court to consider a defendant's refusal to cooperate with the government as a factor in his sentence? (MultiRegion, United States of America)
Can a sentencing court impose a restitutionary sentence on a defendant who is indigent at the time of sentencing? (MultiRegion, United States of America)
Is a defendant's sentence reduced de novo because it was based on a sentencing range that was subsequently reduced by the sentencing commission? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
