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Drug Quantity Proof / Evidence at Sentencing

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

In United States v. Rowe, No. 18-1192 (Apr. 2, 2019), the Third Circuit vacated the defendant's conviction for distribution and possession with intent to distribute 1,000 grams of heroin because the evidence at trial was insufficient to establish the requisite drug quantity.  The Court also vacated the defendant's sentence because the evidence presented at sentencing was unreliable.  On remand, the the Court instructed that the district court should enter a judgment of conviction for possession with intent to distribute 100 grams of heroin and resentence the defendant without the government being permitted to introduce additional evidence on drug quantity.The case began when the defendant was charged with distribution and possession with intent to distribute 1,000 grams of heroin in violation of 21 U...continue to full post

Full post as published by Third Circuit Blog on April 02, 2019 (boomark / email).