United States v. Pierson

Pierson was convicted of possessing drugs with intent to distribute and two related firearm crimes. Because of Pierson’s prior criminal record, his mandatory sentence was life in prison. The Seventh Circuit affirmed his conviction and sentence. While the admission of evidence of a gun found in Pierson’s kitchen may have amounted to a constructive amendment of the two firearm charges in his indictment, which charged him with possession of one particular gun found in Pierson’s car, it was not a “plain error” that would warrant reversal. Given the “ample evidence,” the error did not affect Pierson’s substantial rights. Pierson’s argument that the court erred under Apprendi v. New Jersey, by imposing the mandatory life sentence without having the jury find that he had two prior felony drug convictions is foreclosed by controlling Supreme Court precedent that recognizes an exception to that rule for evidence of prior convictions, Almendarez‐Torres v. United States. The First Step Act, Pub. L. No. 115‐391, 401(a)(2)(A)(ii), which was enacted while Pierson’s appeal was pending and which lowered the mandatory minimum sentence, does not apply to Pierson, whose sentence was imposed before the Act took effect. View "United States v. Pierson" on Justia Law