Home -> Law Blog Directory -> Criminal Law Blogs -> Third Circuit Blog

Criminal Law

: Third Circuit Blog

3d Circuit affirms life sentence and holds that § 848(b) sets forth sentencing factors, not a separate crime.

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Tidwell, No. 02-3139 (3d Cir. Mar. 31, 2008), the Third Circuit held that Congress intended 21 U.S.C. § 848(b) as a sentencing enhancement, not as a separate crime, and thus the life sentence imposed on Tidwell under § 848(b) was constitutional where the factual basis was not charged in the indictment. Tidwell had pleaded guilty to engaging in a criminal enterprise in violation of § 848 ("Continuing criminal enterprise"), which carries a penalty of 20 years to life imprisonment. The indictment, however, did not specifically charge him with violating § 848(b) ("Life imprisonment for engaging in continuing criminal enterprise"), which carries a mandatory life sentence for one who is the leader of the enterprise and either the offense involved 300 times the quantity of drugs described in § 841(b)(1)(B) or the enterprise received more than $10 million in gross receipts over a 12-month period...continue to full post

Full post as published by Third Circuit Blog on May 07, 2008 (boomark / email).