The Fifth Circuit took another look at a drug defendant’s criminal sentence after the U.S. Supreme Court rejected its rule that questions of fact capable of resolution by a trial judge can’t constitute plain error if they’ve been the subject of proper objections.
The U.S. Court of Appeals for the Fifth Circuit, applying plain error review, reaffirmed Dominic Lindsey’s sentence in a per curiam opinion released Wednesday.
Lindsey was arrested four times on drug charges between November 2016 and July 2017, with two of the arrests involving guns. Both state and federal charges were ultimately filed against him.
When Lindsey ...
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