State of Minnesota v. Kabba Kangbateh

I respectfully dissent. In my view, the sentencing court calculated Kangbateh’s initial sentence of 165 months by adhering to the Minnesota Sentencing Guidelines, which required the sentencing court to add 12 months for the offense committed for the benefit of a gang to the presumptive duration for the predicate offense of attempted second-degree murder.1 Because it is axiomatic that a defendant may not be punished for an offense for which there is no conviction and because in this ease we know that Kangbateh’s original sentence specifically included 12 months for an offense that was reversed…