Does a mandatory minimum sentence for possession of cocaine with intent to distribute a large quantity of cocaine amount to a criminal offence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Klein, 860 F.2d 1489 (9th Cir. 1988):

Appellant's reliance on Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962) and In re Grant, 18 Cal.3d 1, 553 P.2d 590, 132 Cal.Rptr. 430 (1976), is misplaced. The former case overturned a statute on the ground that it punished narcotics addiction per se. See Robinson, 370 U.S. at 667, 82 S.Ct. at 1420. Possession with intent to distribute a large quantity of cocaine is, unlike the simple state of addiction, a culpable act. In In re Grant, a ten-year mandatory minimum sentence was imposed for possession of a small quantity of marijuana. Possession of greater than 500 grams of cocaine is a substantially more serious offense--for which appellant received a lesser penalty.

Other Questions


What is the mandatory minimum sentence for possession with intent to distribute methamphetamine under section 841(b)(1)(B)(viii) of the Federal Drug Code? (MultiRegion, United States of America)
Is possession with intent to distribute and actual distribution of heroin a separate criminal offence? (MultiRegion, United States of America)
What is the current range of maximum sentences for possession with intent to distribute cocaine? (MultiRegion, United States of America)
Does a sentence for conspiracy to possess and distribute cocaine need to be separated from a separate sentence? (MultiRegion, United States of America)
What is the test for overturning an order denying a defendant bail pending trial on a charge of conspiracy to distribute and possess with intent to distribute crack cocaine? (MultiRegion, United States of America)
What is the impact of mandatory minimum sentences on sentencing in criminal cases? (MultiRegion, United States of America)
What is the test for mandatory sentencing in the context of mandatory sentencing under section 3553(a) of the Criminal Code? (MultiRegion, United States of America)
If a criminal offence requires only general criminal intent, can evidence of specific intent or knowledge be obtained under Rule 404(b)? (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)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.