Articles Posted in Drug Crimes

Federal sentencing statutes allow the courts to impose increased penalties for each subsequent conviction for a serious drug offense. It may not always be clear what constitutes a serious drug crime, however. In a recent Florida opinion issued in a drug offense case, the court discussed what constitutes a serious offense before affirming the defendant’s sentence. If you are accused of drug trafficking, it is imperative to meet with a Tampa drug crime defense lawyer as soon as possible.

Factual and Procedural Setting

It is reported that the defendant entered guilty pleas to charges of conspiracy to distribute and possession with intent to distribute a controlled substance and other offenses. The trial court sentenced the defendant to ninety months in prison to be followed by four years of supervised release. The court, in determining the defendant was an armed career criminal, relied on three prior state law convictions for “serious drug offenses.” Specifically, it looked at his convictions for delivery of cocaine, possession or cocaine with intent to sell or deliver, and conspiracy to traffic cocaine. The defendant appealed.

Serious Drug Offenses Under Federal Law

On appeal, the defendant contested the classification of his conviction for conspiracy under state law as a “serious drug offense,” arguing three points challenging the nature of the offense and its federal implications. Continue Reading ›

It is axiomatic that under state and federal law, a person cannot be charged with or convicted for the same crime more than once, as doing so would violate their protections against double jeopardy. Merely because a person is convicted of violating a specific statute more than once does not necessarily mean that their rights have been violated, however, as illustrated in a recent Florida ruling issued in a drug crime case in which the court affirmed the defendant’s conviction. If you are faced with accusations that you committed a drug-related crime, it is wise to contact a Tampa drug crime defense lawyer regarding what steps you can take to protect your rights.

History of the Case

It is reported that the defendant was convicted in 2016 of four counts related to the possession and distribution of heroin. His PSI categorized him as a career offender based on multiple previous felony convictions for controlled substance crimes, including two convictions for the sale of cocaine in violation of Florida law and one conviction for conspiracy to possess cocaine and cocaine base with intent to distribute in violation of federal law. The defendant objected to these calculations during sentencing, arguing that he was being charged for the same cocaine convictions multiple times, raising a double jeopardy claim.

It is alleged that in the district court affirmed the PSI’s calculations, and his sentence was upheld on direct appeal. In 2022 the defendant filed a Rule 36 motion, contending that his prior state and federal cocaine convictions should be scored as a single offense for the purposes of calculating his criminal history in relation to his 2016 heroin conviction. The trial court denied his motion, which led to the current appeal.

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For decades, certain people convicted of certain drug offenses were unjustly punished more harshly than those found guilty of similar crimes. In an effort to rectify such inequities, the United States government enacted the First Step Act, which among other things, reduces the sentencing disparity between similar drug crimes. The Act applies retroactively, meaning many people convicted of covered drug offenses are eligible to have their sentences reduced. In a recent Florida opinion, the court discussed the Act and what constitutes a qualifying offense for purposes of sentence reduction. If you are charged with a drug crime, it is smart to meet with a Tampa drug crime defense attorney to examine your potential defenses as soon as possible.

History of the Case

It is reported that the defendant moved for a sentence reduction under the First Step Act. The court denied his motion, and he appealed. He then filed a motion for reconsideration, which was denied as well. He filed a second appeal; in response, the government moved for summary affirmance.

Sentence Reductions Under the First Step Act

The court ultimately granted the government’s motion. It noted that summary disposition is appropriate in cases where one party’s position is clearly correct as a matter of law. The court generally reviews de novo whether the district court had the authority to modify a defendant’s sentence under the First Step Act, but the denial of a motion for reconsideration is reviewed for abuse of discretion. Continue Reading ›

Under federal sentencing guidelines, the courts have the authority to impose increased penalties on people deemed career offenders. Only certain offenses qualify for the purposes of determining whether a person is a career offender, though. In a recent drug trafficking case arising in a Florida district court, the court clarified the criteria for a career offender. If you are charged with a drug crime in Tampa, it is in your best interest to speak to a Tampa drug crime defense attorney about your rights.

Facts of the Case

It is reported that the defendant was charged with and convicted of conspiracy to manufacture, possession with intent to distribute, and distribution of crack cocaine, as well as possession with intent to distribute cocaine. The trial court imposed an enhanced sentence on the defendant due to the fact that he was considered a career offender based on previous felony convictions for crimes of violence or controlled substance offenses.

Allegedly, the defendant appealed, arguing that the court failed to consider the impact of United States v. Dupree on his sentence. The government was directed to respond, and the defendant had the opportunity to reply. The government filed a Response in Opposition, but the defendant did not file a reply within the given time. Continue Reading ›

Generally, the Government cannot introduce evidence that a person previously was convicted of a crime prove a person’s character to demonstrate that they acted in accordance with that character on a specific occasion. In other words, proof a person committed a crime on a prior occasion cannot be used to establish guilt in a current criminal proceeding. Evidence of other crimes and bad acts can be introduced for other purposes, however. In a recent opinion issued in a drug crime case, a Florida court discussed the grounds for admissibility of evidence of other crimes. If you are charged with a drug offense, you should confer with a Tampa drug crime defense lawyer to discuss what evidence the Government is permitted to use against you.

The Facts of the Case

It is alleged that the defendant was charged with multiple drug crimes arising out of his alleged conspiracy to possess methamphetamines. The defendant’s coconspirator pleaded guilty, while the defendant entered a not guilty plea. The Government sought to introduce the defendant’s two prior convictions for possession of controlled substances with the intent to distribute at trial. The defendant moved to preclude the evidence as proof of other crimes, wrongs, and bad acts pursuant to Federal Rule of Evidence 404(b).

Admissibility of Other Crime Evidence

Federal Rule of Evidence 404(b) prohibits parties from using evidence of other acts, crimes, or wrongs to establish a person’s nature and to show that they acted in accord with that nature in a particular instance. Such evidence may be admissible for other purposes, though. Specifically, it can be used to show intent, motive, plan, knowledge, and identity, among other things. Continue Reading ›

In recognition of the fact that certain sentencing guidelines resulted in disparate sentences for similar crimes, the United States legislature passed a set of laws that rendered people convicted of drug crimes involving crack cocaine eligible for reduced sentences. As discussed in a recent Florida ruling, though, mere eligibility is insufficient to demonstrate that such relief should be granted. If you were convicted of a drug offense, you might be eligible for a sentence reduction pursuant to recent changes in the law, and it is advisable to speak to a trusted Tampa drug crime defense lawyer about your options.

The Defendant’s Conviction

It is reported that in 2005, a jury convicted the defendant of numerous offenses, including possession of crack cocaine with the intent to distribute. Due to his prior history of drug crimes and the quantity of crack cocaine in his possession, he was subject to a mandatory life sentence. The district court ultimately imposed a sentence of life plus fifteen years imprisonment, followed by ten years of supervised release. After Congress passed the Fair Sentencing Act in 2010 and the First Step Act in 2018, the defendant moved to reduce his sentence. The trial court granted his motion in part, reducing his sentence to 420 months in prison followed by eight years of supervised release. The defendant appealed, arguing the court abused its discretion in not reducing his sentence further.

While owning a gun, in and of itself, is not a crime for most people, when a person found guilty of committing a drug offense, has a gun, it can result in increased penalties. In other words, a sentencing court may impose a firearm enhancement in some instances. Recently, a Florida court discussed what the prosecution must prove to justify such an enhancement in a case in which the defendant argued his sentence for drug trafficking was improper. If you are charged with a drug crime, it is in your best interest to speak to a capable Tampa criminal defense lawyer about your potential defenses.

The History of the Case

It is alleged that the defendant was indicted by a grand jury with conspiracy to distribute 500 grams or more of cocaine and possession with intent to distribute 500 grams or more of cocaine. He entered a guilty plea. The Presentencing Investigation Report (PSI) indicated that following the defendant’s arrest for the charged offenses, a Drug Enforcement Administration agent obtained a warrant to search his residence and found a pistol near his bed.

It is reported that the probation office applied an enhancement for the defendant’s possession of a dangerous weapon in determining his offense level and recommended a sentence of 60 to 71 months’ imprisonment. Before sentencing, both the defendant and the prosecution objected to the firearm enhancement. The court overruled the objections and sentenced the defendant to 62 months in prison, after which he appealed. Continue Reading ›

Florida has some of the toughest drug laws in the entire country. If you are arrested for drug possession in our state, you could be looking at serious criminal penalties—potentially including a lengthy prison sentence. 

Did you know that you can be charged with and convicted of drug possession even if a controlled substance is never actually discovered in your hands or on your person? 

It is called “constructive possession”—and it occurs when someone maintains control over a banned substance without having it within their physical grasp. 

In Florida criminal cases that are tried in front of a jury, the jury is responsible for assessing the evidence presented and issuing a verdict based on its assessment. The jury’s verdict will generally not be disturbed unless it is clearly against the weight of the evidence. If a court finds a jury’s verdict is not supported by the evidence of record, it may order a new trial.

A District Court of Appeal of Florida recently explained the standard for review for determining whether a verdict is against the weight of the evidence, in a case in which it affirmed the trial court’s order issuing a new trial. If you live in Tampa and are charged with a crime, it is important to retain an effective Tampa criminal defense attorney to help you protect your liberties.

The Defendant’s Arrest and Trial

Allegedly, the defendant was suspected of selling controlled substances. In an attempt to build its case against the defendant, the State wiretapped an informant and sent the information to the store where the defendant worked. The video footage obtained from the informant did not contain any evidence of a drug transaction. The State charged the defendant with selling a controlled substance within 1000 feet of a childcare facility and with possession of a controlled substance with an intent to sell.

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The Fifth Amendment of the Constitution provides that a defendant can only be convicted of the crimes charged in the indictment. In some cases, the court will allow a conviction despite the fact that the evidence produced is insufficient to prove the specific crime listed in the indictment. A conviction for a crime other than the crimes listed in the indictment is often based on a constructive amendment of the indictment which is impermissible and can result in a reversal of the conviction.

The United States Court of Appeals for the Eleventh Circuit recently explained the grounds for a reversal based on a constructive amendment in a case where the defendant was convicted of conspiracy to distribute one of the four drugs listed in the indictment. If you are charged with a crime and currently live in Tampa, it is wise to obtain the services of a skilled Tampa criminal defense attorney to help you seek the best possible legal outcome under the facts of your case.

The Defendant’s Indictment and Conviction

Reportedly, the indictment charged the defendant with conspiring to distribute a controlled substance. The indictment listed four drugs as the controlled substances the defendant allegedly conspired to distribute. Following a trial, the jury found the defendant guilty of conspiring to distribute as to only one of the drugs listed. The defendant appealed, arguing that the court constructively amended the indictment to allow the government to obtain a conviction due to evidence that the defendant conspired to distribute only one of the drugs rather than all four.

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