Dist. Ct. did not err in sentencing defendant to 10-year mandatory minimum sentence on drug offense pursuant to recidivist enhancement provision set forth in 21 USC section 841(b)(1)(B), based upon defendant’s 1996 California felony drug offense, even though California reclassified her California offense from felony to misdemeanor at some point after defendant had entered guilty plea, but before date of defendant’s sentencing hearing. Terms of section 841 applied, since defendant’s California conviction was “final” at time she committed instant offense, and reclassification did nothing to alter historical fact that defendant’s conviction had become final. Ct. also rejected defendant’s claim that applying instant enhancement under this record would violate 5th Amendment’s due process and equal protection clauses.
Federal 7th Circuit Court
Criminal Court
Sentencing