A conviction for the Delivery or Possession with the intent to deliver 100 or more grams of heroin carries a mandatory minimum sentence of five years in prison. 1000 grams or more is a mandatory minimum of 10 years in prison
Safety Valve Exception to Mandatory Minimums in Federal Drug Cases
A sentencing court can ignore the mandatory minimum sentence and give a more lenient sentence if the following conditions are met
- The offender has no prior criminal record
- The offender did not use violence or a firearm
- The offense did not result in death or bodily injury to another person
- The offender was not a leader, organizer, manager or supervisor of others in the offense
- The defendant must have provided the government truthful information and evidence concerning the offense and other offenses that were part of the same course of conduct or of a common scheme or plan. If the defendant does not have any relevant or useful information to provide to the government shall not preclude a determination by the court that the defendant has complied with this requirement
Common defenses include search warrant and seizure constitutional violations, establishing that prescriptions were proper, reasonable and necessary, entrapment, and demonstrating insufficient knowledge to be considered a co-conspirator.
Additionally, Barton Morris is considered a lawyer-scientist as he has received specialized education and training related to the forensic analysis of all controlled substances in their solid dose forms. Barton Morris has hands on experience in sample preparation of the drugs for testing, and the actual analysis for the identification of drugs and their quantity. With this specialized knowledge Barton Morris created unique and effective defenses that most attorneys cannot. Further, because federal prosecutors do not typically see these defenses they do not know how to handle them which turns into great outcomes for clients of the Law Office of Barton Morris.