A defendant has avoided a 15-year mandatory sentence under a federal repeat-felony offender law because New York's 2004 Drug Law Reform Act downgraded his prior convictions to less than "serious" offenses. Southern District Judge Richard Holwell found that two prior felonies for defendant Ralph Archer would have earned him the federal minimum had the state Legislature not changed the indeterminate sentencing scheme of the Rockefeller drug laws. Instead, Archer received 8 years and 9 months in prison.
November 30, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A defendant has avoided a 15-year mandatory sentence under a federal repeat-felony offender law because New York’s 2004 Drug Law Reform Act downgraded his prior convictions to less than “serious” offenses.
Southern District of New York Judge Richard Holwell found that two prior Class C felonies for defendant Ralph Archer would have earned him the federal minimum had the state Legislature not changed the indeterminate sentencing scheme of the Rockefeller drug laws.
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