Drugs

Twenty years after being convicted of (vehemently denied) cocaine possession, Erma Wilson learned that the Midland County, Tex. prosecutor (Weldon "Ralph" Petty) on her case was also moonlighting as a law clerk for the presiding judge, a flagrant violation of the constitutional right to a fair trial. Yikes! Though she never served any jail time on the eight-year suspended sentence, the conviction meant she's been unable to pursue a lifelong dream of becoming a nurse. Can she sue for money damages?

The United States Sentencing Commission releases new Quick Facts periodically, which give readers "basic facts about a single area of federal crime in an easy-top-read, two page format."

Quick Facts published in September include:

Texan meth and fentanyl importer pleads guilty in 2022 and receives a "career-offender enhancement" at sentencing. He objects because his prior marijuana convictions wouldn't have been "controlled substance offenses" after 2018 reforms. Fifth Circuit: We agree, and thus also agree with three other circuits.

The case is United States v. Minor, 22-51083 (5th Cir. Nov. 20, 2024).

What do you get when you combine a routine traffic stop with the driver's criminal history, several air fresheners in the car, driving from a job interview, and the driver's movements while looking for proof of insurance? Knoxville, Tenn. drug interdiction officer: Reasonable suspicion of drugs that justifies prolonging the stop to request a drug dog? (Which reveals an illegal gun but no drugs.) Sixth Circuit: No! And no good-faith exception. Evidence of the illegal gun should have been suppressed.

The Department of Justice (DOJ) announced that the DEA will cease its "cold consent encounters" at airports, during which agents demand to search people's bags while telling them things like, "I don't need your consent." The suspension coincides with an inspector general report condemning the practice (access full artic

The Commission released its Preliminary FY24 Fourth Quarterly Sentencing Update.

In FY24, 61,137 individuals were sentenced federally—representing a decrease from the previous fiscal year.  Nearly equal proportions of individuals were sentenced for a drug (30.0%) or immigration (29.7%) offense.

With warrant, Cleveland police searched a suspected drug dealer's house. Out on the street, an officer peers into the tinted windows of a car of a person found in the suspected dealer's home—but the car was not mentioned in the warrant—and sees what he suspects is a "bag of dope." Officers tow the car but don't get a warrant. Turns out it, indeed, was "dope." Man: the search of my car is unconstitutional because police need a warrant. Police: we don't need a warrant because drugs were in plain view and here's a video of officers peering into the car and the photo taken inside the car.

Yesterday, the United States Sentencing Commission issued a press release announcing proposed amendments to the federal sentencing guidelines for the amendment cycle ending May 1, 2025.  Among the proposals are those that would:

A Mississippi federal court declared opposition to federal sentencing guidelines for methamphetamine offenses, and sentenced an admitted drug offender lower than prescribed by the U.S. Sentencing Commission’s guidelines.

Citing DEA date, the court rejected the guidelines' reasoning that purer methamphetamine is indicative of a defendant’s role in criminal drug trafficking because it is not based on empirical data. This reasoning is “divorced from reality.”

Kannapolis, N.C. police officer Jeremy Page catches drug dealer/informant selling crack but says he won't arrest drug dealer if he hands over any other drugs he has and does more to help the police. He agrees, hands over more drugs, and helps police find a fugitive. Officer then decides that's not enough, swears out arrest warrants, and more drugs are found during arrest. Is cop's non-arrest-for-cooperation deal enforceable?