United States v. Suarez, No. 10-10393 (9th Cir. 2012)
Annotate this CaseDefendant Rodolfo Suarez appealed his conviction for conspiracy to distribute and to possess with intent to distribute methamphetamine. Defendant contended that the guilty verdict on that charge was fatally inconsistent with the jury's decision to acquit him on a charge of possession with intent to distribute methamphetamine. Defendant also appealed his sentence of 240 months' imprisonment, which the district court imposed based on the twenty-year mandatory minimum, contending that his 2003 guilty plea to felony drug possession in California state court did not qualify as a "prior conviction" that "has become final" within the meaning of 21 U.S.C. 841(b)(1)(A). The Ninth Circuit affirmed Defendant's conviction but vacated his sentence, holding that because Defendant's 2003 guilty plea and participation in a drug rehabilitation program resulted in neither a formal entry of judgment by the state court nor a sentence of imprisonment or probation, the district court erred in applying the twenty-year mandatory minimum sentence under section 21 U.S.C. 841(b)(1)(A) to Defendant.
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