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Bacon: Individually Attributable Quantities Only Trigger Mandatory Minimum

By Tim Cone

In U.S. v. Bacon, No. 08-10463 (March 4, 2010), the Court affirmed multi-defendant drug trafficking convictions, but vacated one sentence.The Court rejected sufficiency of the evidence challenges, noting that the jury could rely on a defendant?s presence at a drug exchange as probative evidence.Turning to sentencing, the Court found plain error in the district court?s failure to determine whether one defendant qualified for a mandatory minimum sentence based only on the quantity of drugs individually attributable to him.

Full post as published by Defense Newsletter Blog on March 09, 2010 (boomark / email).