tag:blogger.com,1999:blog-9419507.post4933702553786903299..comments2023-08-25T03:08:04.655-04:00Comments on Fourth Circuit Blog: Two-Year Misdemeanor is "Felony Drug Offense"Paul M. Rashkindhttp://www.blogger.com/profile/02097192160938820781noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-9419507.post-46321316658700786412008-03-27T11:27:00.000-04:002008-03-27T11:27:00.000-04:00I don't understand why Congress has to make such a...I don't understand why Congress has to make such a harsh sentencing policy even remotely ambiguous. If their object is to deter criminal activity, then let these people know exactly what the consequences of their actions will be. Endorse it. Like 10-20-Life. Instead, while Mr. Burgess writes on a job application that he has a misdemeanor, he actually has a felony under CSA. No way he knew that. Ignorance is no defense, but it isn't a deterrent either.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9419507.post-32090102320196918792007-06-20T15:43:00.000-04:002007-06-20T15:43:00.000-04:00This is another example of the problem with defini...This is another example of the problem with definitions in the federal statutes and guidelines that make any offense "punishable by a year or more" (or similar phrase) a felony regardless of the terminology given by the state or the sentence imposed. Individuals regularly have their sentences enhanced based on convictions for which they received misdemeanor-type sentences, but since the offense could have punished by a year or more, it is considered a felony. All this could be cleaned up by making such enhancements depend on the sentence actually imposed, rather than what could have been.Anonymousnoreply@blogger.com