United States Eighth Circuit

Defendant's sentence for conspiracy to distribute or possess with intent to distribute five kilograms or more of a mixture or substance containing cocaine is vacated where defendant suffered prejudice as a result of his counsel's failure to raise either in the district court or on direct appeal the district court's error in imposing a ten-year mandatory minimum sentence for a quantity of cocaine that required only a five-year minimum sentence.

Appellate Information

• Decided 07/13/2010
• Published 07/13/2010

Judges

• Roger L. Wollman

Court

• United States Eighth Circuit

Counsel