United States v. Lara-Ruiz, No. 11-3775 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of possession of a firearm in furtherance of a drug trafficking crime and use of a firearm during and in relation to a drug trafficking crime. Defendant subsequently appealed. The court held that the plea agreement barred the government from prosecuting defendant on Count 14 for trading drug debts in exchange for firearms where these transactions did not constitute bodily acts of substantial force against the person of another. Consequently, defendant's prosecution and conviction based on such conduct constituted a clear violation of his due process rights. In regards to Count 15, however, the court concluded that defendant could not demonstrate a breach of the plea agreement. Accordingly, the court affirmed the conviction on Count 15, reversed the conviction on Count 14 and the mandatory-minimum 25 year sentence on Count 15, and remanded with instructions to vacate defendant's conviction and sentence on Count 14 and to resentence him on Count 15.
Court Description: Criminal case - Criminal law and sentencing. Non-prosecution agreement in a prior case barred defendant's prosecution on Count 14 alleging he traded drugs and reduced drug debts in exchange for firearms; however, the agreement did not bar his prosecution on a charge that he used a firearm during and in relation to a drug trafficking crime because the evidence showed that he struck a person with the firearm and the agreement permitted prosecution for violence against another; specific performance is the only appropriate remedy for the violation, and defendant's conviction on Count 14 is reversed and the matter is remanded for resentencing on the other firearm count; jury instruction did not constructively amend the indictment.
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