Does a life sentence under 21.1(a)(1) of the 21.41(b) section of the Criminal Code apply to a defendant's prior criminal convictions?
MultiRegion, United States of America
The following excerpt is from U.S. v. Teran, 999 F.2d 546 (9th Cir. 1993):
In United States v. Kinsey, 843 F.2d 383, 392 (9th Cir.), cert. denied, 487 U.S. 1223; 488 U.S. 836 (1988), this court held that sentence enhancements under 21 U.S.C. 841(a)(1) "do not create criminal charges which necessarily guarantee a person his or her right to a jury trial." Bouza was not entitled to a jury trial on the existence of prior felony convictions used to enhance his sentence to life imprisonment.
B. Did the district court err in imposing a life sentence?
"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)
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)
What are the requirements of a federal district court under section 851(b) of the Criminal Code to notify a defendant of their prior conviction before sentencing? (MultiRegion, United States of America)
Is a defendant convicted for violating Section 2252A of the Criminal Code subject to an enhanced sentence if he has a prior sexual abuse conviction? (MultiRegion, United States of America)
Does a habeas petitioner who has been convicted of a criminal charge in a federal criminal court have to apply to have his conviction reduced to a state conviction or the length of his sentence? (MultiRegion, United States of America)
Is a revocation of probation imposed on a previous criminal conviction as a result of a new criminal conviction treated as one sentence for purposes of calculating a defendant's criminal history? (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)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (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)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
