State v. Warren
Annotate this CaseDefendant was convicted of introducing a controlled substance into a correctional facility after marijuana was found in his socks. Defendant requested that he be given a departure sentence because the amount of marijuana he possessed was very small. The district court concluded that it could not consider a lesser sentence on that basis and sentenced Defendant to an additional 122 months in prison. The court of appeals vacated the sentence, holding (1) the district court could have given Defendant a downward departure sentence because possession of a small quantity of drugs constitutes a valid factor upon which a departure sentence may be entered on a prison-contraband conviction, but the court incorrectly refused to consider the possibility because it misinterpreted a sentencing statute. The Supreme Court affirmed, concluding that the court of appeals was correct in its reasoning and judgment.
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