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Sentencing – Sentence Enhancement – Mandatory Minimum

By: Derek Hawkins//January 24, 2017//

Sentencing – Sentence Enhancement – Mandatory Minimum

By: Derek Hawkins//January 24, 2017//

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7th Circuit Court of Appeals

Case Name: United States of America v. Steven Syms

Case No.:15-3067

Officials: BAUER, ROVNER, and HAMILTON, Circuit Judges.

Focus: Sentencing – Sentence Enhancement – Mandatory Minimum

This case involves a conspiracy to distribute cocaine in St. Louis, Missouri, and the surrounding area. One of the conspirators, Steven Syms, pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A)(ii), and 846. The district court sentenced Syms to 151 months’ imprisonment. On appeal, Syms argues that the mandatory minimum sentence contained in 21 U.S.C. § 841(b)(1)(A)(ii) violates the separation-of-powers doctrine. He also argues that the district court improperly based its drug-quantity calculation and sentencing enhancement on speculative and unreliable evidence, and further contends that he qualified for a safety valve reduction in his sentencing, and that his sentence violates the Eighth Amendment. For the reasons that follow, we affirm Syms’ sentence.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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