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Home / Opinion Digests / Criminal Law / Statute, Not Sentence, Controls Enhancement (access required)

Statute, Not Sentence, Controls Enhancement (access required)

A district court can enhance a sentence on a conviction of illegal reentry into the U.S. for a prior North Carolina conviction of a felony drug offense, even though a plea bargain capped defendant’s sentence for the drug offense at 12 months; the 4th Circuit says the enhancement applies because defendant’s prior drug trafficking conviction ...

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