In 2010 I was arrested in Ohio for marijuana trafficking . 2 years passed before I was indicted for this. In 2012 I was arrested in California for conspiracy growing and selling marijuana.
These cases had relation. It was a scheme to grow marijuana in California and traffick marijuana to other states. Detectives and prosecutors in Ohio and California worked together and had correspondence in these cases. Their intention was a federal case. It never went federal, and I was charged in both jurisdictions in 2012.
After a year of litigation, my lawyers and prosecutors in both jurisdictions, negotiated a “Global” plea agreement. I was sentenced to 9 months in Ca. With the agreement to serve my sentence concurrently with whatever sentence I received in Ohio. A week later I was sentenced to 12 months in Ohio. I served 12 months in Ohio and my California sentence was considered served.
Albeit in separate jurisdictions, Since these cases were ran concurrently, should this be counted as one qualifying prior for federal career offender enhancement purposes, or two? And why?
The fact that the sentences were concurrent is irrelevant. The only issue is whether the 2 offenses should be treated as one. But that depends on what the particular charges were and the dates of the offenses. If they are for 2 different drug offenses then you are a career offender, even if both offenses arise from a single conspiracy.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
Why not ask your lawyer who handled these matters for you?!
This response does not create any attorney-client relationship. Only a signed written agreement can do that. This answer is only in relation to the facts presented and may change according to unidentified facts. Always consult with an attorney.
You MUST have a federal defender on this case. Speak to your lawyer!
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
If you can show that the prior offenses were a part of the same conspiracy (which you can if the federal government considered indicting those acts as a conspiracy, but deferred the prosecution to the state government), there’s no “intervening arrest” that’s required for your eligibility as a career offender: you didn’t commit a second offense after being arrested for the first offfense, because the acts for which you were prosecuted in two state courts were one offense (two or more acts in furtherance of one conspiracy). Even if the court considers these convictions as separate offenses technically, it can grant a variance to offset the Career Offenser enhancement. – Joshua Sabert Lowther, Esq., Atlanta, GA.
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