Crack Sentence Vacated in Part

In US v. Johnson, No. 09-50292, the court affirmed in part defendant’s sentence for knowingly and intentionally distributing at least 50 grams of a mixture containing cocaine base, holding that, although defendant may have been initially a) confused by the terms of his plea agreement, or b) confused by a specific question directed to him by the court, neither constituted plain error.  However, the court vacated in part where due process prohibited setting a condition of supervised release that “either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application.

 

Related Resources

  • Read the Ninth Circuit’s Decision in US v. Johnson, No. 09-50292

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