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Second Circuit: Mandatory Minimum Drug Sentences Not Inconsistent With Parsimony Clause

By harlanprotass

United States v. Samas, No. 05-5213-cr (2d Cir. March 24, 2009) (found here)Samas contended on appeal (among other things) that the mandatory minimum sentence provisions of 18 U.S.C. § 841(b) conflict with the parsimony clause contained in 18 U.S.C. § 3553(a).  More specifically, Samas argued that the balance required by the parsimony clause is incompatible with a mandatory sentencing scheme.The Second Circuit rejected Samas' argument.  It drew a parallel between mandatory minimum narcotics sentences and the mandatory minimums applicable to firearms offenses, and cited to a case (United States v. Chavez, 549 F.3d 119 (2d Cir. 2008)) in which it held that the firearms mandatory minimums are not inconsistent with the parsimony clause...continue to full post

Full post as published by Second Circuit Sentencing Blog on March 24, 2009 (boomark / email).