COURT REJECTS BEEFED-UP SENTENCES IN DRUG CASES

Decision In Tacoma Case Could Affect Thousands Of Cases

SAN FRANCISCO -- A federal appeals court has ruled it is unconstitutional
for judges to add time to drug traffickers' sentences after a jury
conviction, a decision that ends a 17-year practice and could ultimately
affect thousands of cases in nine Western states.

In a 2-1 decision Thursday, the 9th U.S. Circuit Court of Appeals in San
Francisco struck down a 1984 law allowing judges to hold hearings after a
jury conviction to determine if more time could be added to the sentence
based on the amount of drugs involved.

The decision was based on a June 2000 U.S. Supreme Court opinion that
requires juries to decide facts that determine potential sentences.

A narcotics conviction for trafficking carries up to 20 years in most
narcotics cases. Under the 1984 law, a judge could extend that sentence up
to life in prison if large quantities of drugs were involved.

"It does affect thousands of cases ... which otherwise could be charged
with higher penalties," said Barry Portman, the federal public defender in
San Francisco.

The decision came in the case of Calvin Buckland of Tacoma. He was
convicted of possession of methamphetamine with intent to distribute. A
judge sentenced Buckland to 27 years after determining he was responsible
for possessing more than 17 pounds of the drug. The federal ruling would
cut seven years off that sentence.

"The Constitution says we have a right to trial by jury, to have decisions
that affect penalties (determined) beyond a reasonable doubt," said Zenon
Olbertz, Buckland's attorney.

The ruling would cut the maximum drug trafficking sentence to 20 years,
providing an anticipated Justice Department appeal is unsuccessful and that
Congress does not rewrite the law.

Sentences of more than 20 years for nonviolent drug trafficking aren't
common in Northern California, but elsewhere in the appellate circuit, they
are not as rare. The ruling could affect past cases and present plea bargains.

The 9th Circuit handles federal appeals from California, Oregon, Arizona,
Montana, Idaho, Nevada, Alaska, Hawaii and Washington.