If the FL statute is held unconstitutional, which seems unlikely as of now, it will affect your boyfriend's advisory US Sentencing Guidelines criminal history score, which may affect his criminal history category, and ultimately his would-be-now-advisory Guidelines range. It also will affect the life sentence, particularly if the life sentence is based on two prior felony drug convictions (see 21 USC Sections 841(b) and 851). If the 851 enhancement is the sole basis for the life sentence, and the case involved cocaine base in whole or in significant part, the sentence would be subject to the reduced penalties under the Fair Sentencing Act of 2010. Of course, however, as stated above, the Supreme Court of Florida would have to overturn the statute of obtain any relief.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
I would not hold my breath waiting for 893.13 to be held unconstitutional by Florida's Supreme Court. Based on what you have provided us I don't see any basis for a sentencing reduction.Ask a similar question
I agree with the answers of both of my colleagues, Attorney Damore and Attorney Lowther.
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