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| 9th Circuit Says Judge Can't Add Time To Sentences |
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Posted by FoM on August 10, 2001 at 16:59:39 PT By The Associated Press Source: Associated Press 
A federal appeals court has ruled it is unconstitutional for judges to add time to drug traffickers' sentences after a jury conviction, a decision that ends a 17-year practice and could ultimately affect thousands of cases in nine Western states. In a 2-1 decision Thursday, the 9th U.S. Circuit Court of Appeals in San Francisco struck down a 1984 law allowing judges to hold hearings after a jury conviction to determine if more time could be added to the sentence based on the amount of drugs involved. The decision was based on a June 2000 U.S. Supreme Court opinion that requires juries to decide facts that determine potential sentences. A narcotics conviction for trafficking carries up to 20 years in most narcotics cases. Under the 1984 law, a judge could extend that sentence up to life in prison if large quantities of drugs were involved. "It does affect thousands of cases ... which otherwise could be charged with higher penalties," said Barry Portman, the federal public defender in San Francisco. The decision came in the case of Calvin Buckland of Tacoma, Wash. He was convicted of possession of methamphetamine with intent to distribute. A judge sentenced Buckland to 27 years after determining he was responsible for possessing more than 17 pounds of the drug. The federal ruling would cut seven years off that sentence. "The Constitution says we have a right to trial by jury, to have decisions that affect penalties (determined) beyond a reasonable doubt," said Zenon Olbertz, Buckland's attorney. The ruling would cut the maximum drug trafficking sentence to 20 years, providing an anticipated Justice Department appeal is unsuccessful and that Congress does not rewrite the law. Sentences of more than 20 years for nonviolent drug trafficking aren't common in Northern California, but elsewhere in the appellate circuit, they are not as rare. The ruling could affect past cases and present plea bargains. The 9th Circuit handles federal appeals from California, Oregon, Arizona, Montana, Idaho, Nevada, Alaska, Hawaii and Washington. Complete Title: 9th Circuit Says Judges Can't Add Time to Trafficker Sentences Source: Associated Press CannabisNews Justice Archives Home Comment Email Register Recent Comments Help |
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| Comment #2 posted by dddd on August 14, 2001 at 07:52:11 PT |
| ..Check it out......I knew they were gonna make this a priority
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| Comment #1 posted by dddd on August 10, 2001 at 17:47:29 PT |
| ..and see which drugpigs come out and try to reverse this decision,or make some new harsher laws to offset it
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