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Home / Opinion Digests / Criminal Law / Accomplice’s ‘personal use’ drugs considered at sentencing (access required)

Accomplice’s ‘personal use’ drugs considered at sentencing (access required)

Where a defendant pleads guilty to aiding-and-abetting the distribution of a controlled substance, the sentencing court may consider drugs possessed or consumed for “personal use.” In a case of first impression, the court held there is no personal use exception in the guidelines, an accomplice’s personal use requires the defendant’s distribution and a “personal use” ...