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Criminal Law

Charges of providing contraband to prisoner upheld (access required)

Although a defendant challenged charges for allegedly smuggling contraband into the Roanoke City Jail, including that the facility fell outside the scope of the criminal statute, there was nothing inherently vague about the statute that would lead to arbitrary enforcement or ...

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Sentence will be based on ‘ice’ methamphetamine conspiracy (access required)

Where defendants objected to the application of advisory sentencing guidelines for “ice” methamphetamine, a high purity drug, instead of guidelines for mixtures that are less pure, the government successfully provided evidence that the conspiracy centered on ice methamphetamine. Background In ...

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Mandatory sentence for firearm possession approved (access required)

Even though appellant’s indictment did not specifically reference a code section that criminalizes possessing a firearm while possessing drugs with intent to distribute and provides for a five-year minimum sentence, the indictment was “clear on its face” that appellant was ...

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District court’s jail waiver bars circuit court jail sentence (access required)

Where the general district court waived jail time on the commonwealth’s behalf for a defendant charged with possessing marijuana, the commonwealth cannot seek jail time in a de novo circuit court trial of the charge. Further the charge must be ...

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