CASE LAW UPDATE: Whether the prior 2006 Illinois conviction did not qualify as a serious drug felony so the 25 year mandatory minimum sentence did not apply?
Defendant was convicted of drug trafficking. Defendant was sentenced. Defendant appealed. On appeal, defendant argued that the government failed to prove beyond a reasonable doubt that a prior 2006 Illinois conviction qualified as a serious drug felony, so that the 25 year mandatory minimum sentence did not apply. The Eighth Circuit Court of Appeals. Accordingly, defendant was entitled to a resentencing.
United States v. Oliver, 19-2209, Kelly, J. Appealed from the United States District Court, Northern District of Iowa.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.