Legal Question in Criminal Law in Wyoming

Class A felony vs Class B on dealing meth

My daughter was charged last year with dealing meth. She and the three other people were charged with Class A felonies due to the amoutns. The Prosecutor admitted in court - on thee record - that the US onl had evidence my daughter was involved with dealing 384 grams. The Judge convicted her of the Class A and she was sentenced to 41 months. Is there any chance of getting this charge reduced? If they had gone with the Class B then she might not have gotten jail time. Thanks in advance for your time.


Asked on 9/06/08, 10:45 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Class A felony vs Class B on dealing meth

Your question is not clear, but if she was convicted in U.S. District Court in WY then she was sentenced under the Guidelines which provide for "relevant conduct," which means she was held responsible for the entire quantity of drug which was involved. Her remedy, if t can be shown to be an illegal sentence, is a form 2255 to be filed in the same court since her appeal time has run.

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Answered on 9/06/08, 12:04 pm


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