United States v. Sorensen, No. 17-1984 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence of life without parole for conspiracy to distribute a controlled substance. The court held that defendant's sentence did not violate the Eighth Amendment; the district court did not plainly err in admitting the fingerprint testimony of a government expert; any error in admitting the testimony did not affect defendant's substantial rights in light of the additional evidence presented; defendant's conviction for possession of a controlled substance in South Dakota met the statutory requirements as a prior felony drug offense under 21 U.S.C. 841(b); the amendment of the information prior to sentencing merely corrected a clerical mistake; and, given the gravity of the offense and in light of defendant' felony convictions, defendant's sentence was constitutional.
Court Description: Beam, Author, with Gruender and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing. The district court did not plainly err in admitting expert fingerprint testimony; any error in admitting the testimony was harmless in light of the other evidence of defendant's involvement in the offense; defendant's South Dakota conviction for possession of a controlled substance met the statutory requirements of a prior felony drug offense under 21 U.S.C. Sec. 841(b); the information filed pursuant to 21 U.S.C. Sec. 851(a) sufficed in all respects and gave defendant reasonable notice of the government's intent to rely on the conviction; a subsequent amendment prior to sentencing merely corrected a clerical error; defendant's mandatory life sentence did not constitute an Eighth Amendment violation.
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