Record contained sufficient evidence to support jury’s guilty verdict on charge of selling heroin that caused death of individual who had purchased said heroin. While defendant argued that govt. had failed to prove that heroin was but-for cause of victim’s death, Ct. found that defendant had waived said issue for failing to raise it in Dist. Ct and for conceding before Dist. Ct. that victim had died from heroin overdose. Ct. further rejected defendant’s claim that section 841(b)(1)(c) of Substance Controlled Act, which imposed 20-year minimum sentence arising out of purchaser’s death, was either unconstitutionally vague or was in violation of 8th Amendment’s proportionality of sentencing requirements, where Ct. observed that: (1) said statute puts individuals on clear notice of punishment if people die from using drugs that are distributed to them; and (2) harshness of defendant’s 280-month sentence was not grossly disproportional to gravity of offense.
Federal 7th Circuit Court
Criminal Court
Controlled Substances Act