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eBook details

• Title: United States v. Jones
• Author : Seventh Circuit U.S. Court of Appeals
• Release Date : January 28, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Defendant-appellant, Torrey Jones, pleaded guilty to one felony drug count in violation of 21 U.S.C. sec. 841(a)(1), and a jury found him guilty of two additional felony drug counts for violating 21 U.S.C. sec.sec. 841(a)(1) and 846. Jones was subsequently sentenced by the district court to a prison term of 312 months for each count, with the terms to be served concurrently. Jones now appeals. Jones challenges his conviction with regard to the two counts for which the jury found him guilty, arguing that the district court failed to properly instruct the jury as to the governments burden to prove both the type and quantity of the controlled substances alleged in the indictment. Jones also contests his sentence with regard to all three counts, alleging that the district court failed to properly make certain findings in formulating his sentence. Because Jones sentence was below the statutory maximum penalty prescribed by 21 U.S.C. sec. 841(b)(1)(C) for a Schedule II drug offense committed by an individual with a prior felony drug conviction, regardless of the quantity of drugs involved, we affirm both Jones conviction and his sentence.

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