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Criminal Law

: Sentencing Law and Policy

A remarkable (failed) judicial effort to nullify a mandatory minimum sentence

By Douglas A. Berman

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A per curiam decision today from the Eleventh Circuit in US v. Castaing-Sosa, No. 07-15490 (11th Cir. June 19, 2008) (available here), is remarkable for many reasons. Here are the snippets (with a few edits) that really caught my attention:Sosa was arrested following an undercover investigation by multiple law enforcement agencies into a drug distribution ring operating in Orlando, Florida. Sosa worked for the drug distribution ring as a courier. After Sosa pled guilty to the heroin conspiracy offense, the presentence investigation report calculated an advisory guidelines range of 97 to 121 months? imprisonment. On appeal, Sosa does not challenge these guidelines calculations...., but because the statutory mandatory minimum sentence for Sosa?s heroin conspiracy conviction is ten years? (120 months?) imprisonment, Sosa ...continue to full post

Full post as published by Sentencing Law and Policy on June 19, 2008 (boomark / email).

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