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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

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