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No Error Where Distrcict Court Doesn't Know Whether Guidelines Are Still Mandatory

By Jonathan Byrne

US v. Go: Go was a gopher in a methamphetamine distribution conspiracy. For his role in the offense - mostly running errands related to the conspiracy in return for methamphetamine - he was convicted after a jury trial of conspiracy to distribute more than 50 grams of methamphetamine. At sentencing, Go's advisory Guideline range was determined to be 188 to 235 months. Go argued for a variance down to the 10-year mandatory minimum, while the Government argued for a sentence at the bottom of the advisory Guideline range. The district court imposed a sentence of 188 months in prison.On appeal, Go argued that the district court incorrectly concluded that it could not impose a sentence below the bottom of the advisory Guideline range without committing reversible error...continue to full post

Full post as published by Fourth Circuit Blog on February 27, 2008 (boomark / email).