Crack Cocaine Appeal Dismissed

In US v. Scott, No. 09-3549, the court dismissed defendant’s appeal from his sentence for knowingly possessing five grams or more of cocaine base with intent to distribute, holding that 1) defendant did not allege that he entered into either the plea agreement or the appeal waiver unknowingly or involuntarily, and nothing in the record suggested that he did so; and 2) because defendant’s sentence was unaffected by 18 U.S.C. section 841(b)(1)(B)(iii), he did not demonstrate a causal connection between his injury (i.e., his sentence) and the mandatory minimum sentence contained in section 841(b)(1)(B)(iii).

 

Related Resources

  • Read the Eighth Circuit’s Decision in US v. Scott, No. 09-3549

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