Tuesday, November 02, 2004

Should defendant sentenced based on amount of cocaine in package as it was shipped or as it was received

In U.S. v. Fullilove, the Fourth Circuit in an opinion by Chief Judge Wilkins, joined by Judge Traxler and District Judge Titus from Maryland, held that the trial court erred when it based the defendants on the .37 gram of cocaine base that was received by the defendant, rather than the 26.71 grams of cocaine base that was in the package before it was intercepted by law enforcement and emptied out and replaced by a tracking device.

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