US v. Gonzalez, No. 09-40125 - U.S. Fifth Circuit
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US v. Gonzalez, No. 09-40125

Marijuana Sentence Affirmed

In US v. Gonzalez, No. 09-40125, the court affirmed defendant's sentence for conspiring to possess with the intent to distribute more than 1,000 kilograms of marijuana and of possession with the intent to distribute the same, holding that the government offered proof sufficient to meet the standard of beyond a reasonable doubt that defendant was the subject of a 1988 drug conviction.

As the court wrote:  "Defendant-appellant Ramon Gonzalez appeals the enhancement of his sentences under 21 U.S.C. § 841(b)(1)(A) that resulted in concurrent mandatory terms of life imprisonment.  Gonzalez's sole contention on appeal is that the Government failed to prove beyond a reasonable doubt that he was the subject of a 1988 drug conviction used to enhance his sentence, as required under 21 U.S.C. § 851(c)(1).  Because we find that the Government did offer proof sufficient to meet the standard of beyond a reasonable doubt, we affirm."

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