George F. Hildebrandt
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Posts tagged "drug"

Second Circuit: Drug Buyer Not Automatically Part of Drug Distribution Conspiracy

Federal drug allegations are serious matters. Many federal drug prosecutions involve potential mandatory minimum prison terms that require convicted drug offenders to spend a minimum amount of time behind bars. One of the most serious types of drug-related convictions - for participating in a conspiracy - can punish the defendant for the actions of others, resulting in liability for more than the amount of drugs the person sold or possessed himself. A recent opinion handed down by a federal appellate court places limitations on the government's ability to charge drug offenders with conspiracy for simply purchasing drugs from a group of drug dealers.

Federal Sentencing Laws May Soon Be Changing

Being investigated, prosecuted, and convicted by a federal court is never a pleasant experience. The long and drawn-out process can wear a person down without ever having a prison sentence imposed on them. But the real anguish comes at sentencing, when a convicted federal defendant has their fate determined. Although many would like to believe otherwise, a sentence is not completely up to a federal judicial officer. Mandatory minimum sentences required by many federal laws play a crucial role in deciding how long a person will be spending behind bars or under a supervised release program. Some of the mandatory sentences have been called particularly harsh and even cruel, but a change may be on the horizon.

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