What is the current state of the law on minimum sentences for first offenders?
MultiRegion, United States of America
The following excerpt is from USA. v. Severino, 268 F.3d 850 (9th Cir. 2001):
The thrust of prior law, which required minimum sentences, was mandatory enhancement. The United States attorney was required to advise the court whether the defendant was a first offender. The court was required to enhance the sentence of a multiple offender, whether or not the prosecutor or the court thought enhancement desirable or necessary.
Page 863
United States v. Noland, 495 F.2d 529, 532 (5th Cir. 1974).
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