KGdaBom wrote:Dosadi wrote:shrink wrote:Dosadi, thanks for taking the time to share your expertise.
I have been wondering if Minnesota’s minimum sentencing laws would be in effect here?
Note - I've not been paying much attention to the facts of the MB case. And the facts, as you would expect, matter alot (amounts/type of drug/did you bring it into state etc). So take the following with a grain of salt. And AGAIN - this is NOT LEGAL ADVICE - IF the drug charge is 5th degree, and IF he's not had a prior 1rst or 2nd degree drug felony (which I believe is the case- he's not had one), and IF the amounts were small enough and IF there was no weapon involvement, I think the 2016 revisions suggest that he can avoid a mandatory minimum. Note this doesn't necessarily mean avoiding jail - just avoiding the mandatory sentence length. IF I recall, I think the new table suggests between a 6 month and 1 year and 1 day incarceration for 5th degree conviction + a No Prior 1st/2nd conviction (and assuming no other prior criminal history) and it would be expected that such a sentence would be stayed at the discretion of the court. But again, there are exceptions for amounts/types/concomitant conduct (i.e weapons). And I've not looked at this type of thing for a few years... So apologies if I'm off - this is from memory.
One thought - over 2/3 of the MN inmate population is there b/c of substance violations...
It was reportedly 2 pounds of marijuana so not a small amount.
I'll just say that's not optimal if it is proven to be his.












