Articles Posted in Drug Crimes

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 ›

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.

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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One of the things that makes the law so complicated is that words need to be specifically defined. For example, the word “possession.” Outside of the legal context, it’s usually clear when someone is in possession of something and when they are not. However, when jail time and other serious penalties are on the line, the law needs to specifically define all the language that makes up the elements of a crime.

How Are the Definitions Developed?

When the Florida state legislature passes a new law, usually included in the law is a section where specific words are defined. Of course the definition cannot possibly contemplate all the situations that may come up. That is where case law comes into play. Throughout time as the courts handle each individual case, their decisions clarify what counts as (in this case) possession and what doesn’t. Over time more and more situations are clarified and that’s how the definition is developed. One of the important things that your skilled Florida drug crimes criminal defense attorney can do for you is to use the case law to argue that your actions do not fit the specific definition of the crime.

That is what happened here. After a shootout between cars leaving a gas station, police found a cup filled with marijuana. The cup was lying on the ground next to the fence that marked the property line of the gas station. The police also found cocaine in one of the cars involved in the shootout, along with the defendant who was bleeding from a gunshot wound. The defendant was arrested for drug crimes related to both the cocaine and marijuana.

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