RULING COULD AFFECT SENTENCES IN ARIZ. DRUG 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 Arizona and eight other
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, Wash. 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.

On the Net:
9th Circuit: www.ce9.uscourts.gov/