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Methamphetamine Conviction and Sentence Affirmed

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By FindLaw Staff on July 14, 2010 11:45 AM

In US v. Moran, No. 09-2519, the Eighth Circuit affirmed defendant's conviction and sentence for conspiracy to distribute at least fifty grams of actual methamphetamine, on the grounds that 1) the government produced sufficient evidence to support defendant's conviction; 2) even if the police were aware of defendant's earlier felony convictions, this awareness did not require that they cease their investigation; and 3) defendant's mandatory sentence of life imprisonment did not violate the Eighth Amendment's prohibition on cruel and unusual punishment.

As the court wrote:  "Rodger Lee Moran was convicted by a jury of conspiracy to distribute at least fifty grams of actual methamphetamine, in violation of 21 U.S.C. §§ 846, 841(a)(1), and 841(b)(1)(A)(viii), and sentenced to life imprisonment. Moran brings this appeal, arguing that (1) the evidence was insufficient to support his conviction; (2) the district court erred in concluding that sentencing manipulation did not occur; and (3) his sentence constitutes cruel and unusual punishment in violation of the Eighth Amendment."

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