Legal Question in Criminal Law in Oklahoma
Federal-drugs and guns
How much time can a person recevie if they are convicted for possession of drugs 5 pounds of cocaine and 102 grams of rock cocaine and 3 fire arms (1 sawed off shot gun and 2 pistols- one pistol has a receipt)?
1 Answer from Attorneys
Re: Federal-drugs and guns
It depends greatly on exactly how the U.S. Attorney structures the indictment, and we are assuming the Government can prove its case, but for a ballpark estimate the way this type of case is typically indicted: this person is looking at a statutory range of punishment of 10 years to life in prison for the crack, with an extra 5 years stacked on for possession of firearms in furtherance of a drug crime. The likely punishment will increase rapidly if the person has a criminal history. Federal cases are too difficult to sum up in a short email. Suffice it to say, this person is facing a world of hurt without an attorney. Any criminal lawyer won't do. This person needs someone with significant experience handling criminal cases in federal court. Outside of a formal consultation, which I am happy to arrange, I can tell you that there are a couple of recent Supreme Court rulings and other developments which may be of assistance in this case in relation to the possible punishment. One relates to the advisory nature of the sentencing guidelines, and the other relates to the treatment of crack versus powder cocaine. Again, I'd be happy to arrange a consultation so that I can receive more specific information and hopefully provide more specific answers on this case.
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