United States v. Creighton, No. 15-8118 (10th Cir. 2017)Annotate this Case
Defendant Harold Creighton was indicted on one count of conspiracy to possess with intent to distribute, and to distribute, 500 grams or more of methamphetamine. Because Defendant had multiple prior felony drug convictions, he qualified for a sentence enhancement that would raise his statutory sentence on conviction from “ten years or more” to “a mandatory term of life imprisonment without release.” He appealed the conviction, arguing the sentence was the result of prosecutorial vindictiveness in violation of the Fifth Amendment’s Due Process Clause. The Tenth Circuit no evidence of vindictiveness, and affirmed the sentence.