United States Sixth Circuit
US v. Graham, 08-5993
Defendant's convictions for crack-cocaine related offenses and a life sentence are affirmed where: 1) district court did not err in denying defendant's motions for a judgment of acquittal as the government presented sufficient evidence at trial for a reasonable jury to find beyond a reasonable doubt that defendant was guilty of the offenses charged; 2) district court did not err in denying defendant's motion to disregard life sentence and did not commit plain error in using defendant's 1995 adult conviction for an offense committed while a juvenile, but prosecuted and sentenced in an adult proceeding, as a triggering prior felony-drug offense conviction under 21 U.S.C. section 841(b)(1)(A); 3) defendant's sentence under section 841(b)(1)(A)(iii) is not unconstitutional; and 4) further sentencing challenge is without merit as the district court did not err in imposing defendant's statutory mandatory minimum life sentence.
Appellate Information
- Argued 01/22/2010
- Decided 09/21/2010
- Published 09/21/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Timothy J. McKenna, Andrew Sparks