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Monday, August 25, 2008

Ind. Decisions - 7th Circuit decides one Indiana case today

In US v. Arreola-Castillo (SD Ind., Judge Barker), a 13-page opinion, Judge Cudahy writes:

After a three-day trial, a jury convicted Jesus Arreola-Castillo of participating in a conspiracy to distribute more than 1,000 kilograms of marijuana. See 21 U.S.C. § § 841(a)(1), 846. Because he had already been convicted of three previous felony drug offenses, Arreola-Castillo received a mandatory minimum sentence of life imprisonment pursuant to the recidivism provisions of § 841(b)(1)(A). Arreola-Castillo now appeals his sentence. He argues that the mandatory minimum should not have been imposed because the sentencing judge failed to properly apply § 841(b)(1)(A) and because the government failed to comply with the procedural requirements set out in § 851. We find, however, that Arreola-Castillo’s sentence was properly imposed.

Posted by Marcia Oddi on August 25, 2008 01:58 PM
Posted to Ind. (7th Cir.) Decisions