Pages tagged "Federal Court"
Federal medical marijuana defendants and those who are particularly vulnerable to federal prosecution can now breathe a little bit easier. On Tuesday, the U.S. Supreme Court issued a 5-4 decision in the case of Alleyne v. United States, which has put juries more in control of mandatory minimum sentencing decisions. The Alleyne Court held that because mandatory minimum sentences increase the penalty for a crime, any fact that is necessary to impose the mandatory minimum must be proven to the jury. This decision will not impact every federal medical marijuana case, but it will raise the burden of proof the federal government must bear in order to impose mandatory minimum sentence on patients and providers.
Previously, in Apprendi vs. New Jersey (2000), the Supreme Court ruled that under the Sixth Amendment, any fact which could increase the maximum sentence must fact proven to the jury beyond a reasonable amount. However, Apprendi only applied to statutory maximums rather than mandatory minimum sentences.