Monday, May 13, 2013

First Circuit -- US v. Zavala-Marti

Court cannot impose general sentence in excess of the statutory minimums for any of the charges in the indictment based on drug amounts in excess of the amounts charged in the indictment.

In sentencing, court cannot rely on information gained from ex parte meeting with probation department without giving the deft a chance to challenge the information.

US v. Zavala-Marti 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.