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US v. Scott, No. 09-3549

By FindLaw Staff on December 08, 2010 | Last updated on March 21, 2019

Crack Cocaine Appeal Dismissed

In US v. Scott, No. 09-3549, the court dismissed defendant's appeal from his sentence for knowingly possessing five grams or more of cocaine base with intent to distribute, holding that 1) defendant did not allege that he entered into either the plea agreement or the appeal waiver unknowingly or involuntarily, and nothing in the record suggested that he did so; and 2) because defendant's sentence was unaffected by 18 U.S.C. section 841(b)(1)(B)(iii), he did not demonstrate a causal connection between his injury (i.e., his sentence) and the mandatory minimum sentence contained in section 841(b)(1)(B)(iii).


As the court wrote:  "Cortell Scott pled guilty to knowingly possessing five grams or more of cocaine base ("crack") with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The district court1 sentenced Scott to 70 months imprisonment, and Scott appeals, arguing the district court erred by denying his motion to continue sentencing and by ignoring relevant factors at sentencing. Scott also claims that the mandatory minimum sentence required by section 841(b)(1)(B)(iii) violates the Due Process Clause of the Fifth Amendment. We dismiss the appeal."

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