Ninth Circuit has busy day dealing with sentencing technicalities
The Ninth Circuit has there decision today dealing with three different technical sentencing questions. Based on a very quick scan, the ruling that looks most interesting is in US v. Macias-Valencia, No. 06-10711 (9th Cir. Dec. 5, 2007) (available here), which starts this way:
Does the mandatory minimum sentence of 10 years, prescribed by 21 U.S.C. § 841(b)(1)(A)(viii), apply to a conviction for conspiracy with intent to distribute, and attempted possession with intent to distribute, 50 grams or more of methamphetamine, even when no actual contraband was involved in the commission of the offense? Joining the Sixth Circuit, we answer “yes.”