United States First Circuit

Conviction of defendant for possessing marijuana and cocaine base is affirmed as, the sobriety checkpoint was lawful and defendant's argument that the checkpoint's primary purpose was something other than detecting impaired driving is rejected. However, defendant's sentence of a five-year prison term is vacated and remanded for resentencing as, the sentencing provision applied to defendant - a five-year minimum and a twenty-year maximum - required not only more than three grams of cocaine but also a prior conviction under 21 U.S.C. section 844(a), and here, defendant's prior conviction was for a state drug offense and does not meet the requirements of section 844(a) for a sentence above two years.

Appellate Information

• Decided 04/22/2010
• Published 04/22/2010

Judges

• BOUDIN, Circuit Judge., Before LYNCH, Chief Judge, BOUDIN, Circuit Judge, and SAYLOR, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Judith Mizner, Assistant Federal Public Defender, Federal Defender Office, with whom Martin J. Vogelbaum, Assistant Federal Public Defender, Federal Defender Office, was on brief for appellant.


• For Appellees:
  
• Seth R. Aframe, Assistant United States Attorney, with whom Aixa Maldonado-Quiñones, Assistant United States Attorney, and Michael J. Gunnison, Acting United States Attorney, were on brief for appellee.