United States v. Forde; United States v. Toliver, No. 11-1070 (8th Cir. 2012)
Annotate this CaseNichole Marie Forde and James Toliver each pled guilty to drug charges involving the distribution of a mixture containing cocaine base and the district court sentenced both to imprisonment and subsequent probation. On appeal, Forde challenged the reasonableness of her sentence, and Toliver challenged a special condition of probation prohibiting him from using alcohol and "from entering bars, taverns, or other establishments whose primary source of income is derived from the sale of alcohol." The court held that Forde's sentence was substantively reasonable where the district court expressly considered and rejected her contention that her relationship with an abusive boyfriend turned her into a drug dealer; the district court considered the government's decision not to file an information to establish prior convictions; and Forde's remaining arguments were without merit. The court held that the district court did not abuse its broad sentencing discretion in imposing the special condition where the district court considered Toliver's extensive history of drug abuse.
Court Description: Criminal Cases - sentence. Forde's 327-month sentence was not unreasonable. District court was within its discretion to reject claim that abusive relationship turned her into a drug dealer and to consider government's decision not to file an information to establish prior conviction. Toliver's challenge of imposition of special condition prohibiting from using alcohol and entering bars or taverns, while a close question, was not an abuse of discretion because evidence showed he was drug dependent and related to rehabilitation.
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