Legal Opinion

Backman v. United States

District of Columbia Court of Appeals

Decided October 24, 1986No. 84-1520, 85-498PublishedCited by 20 opinions

1Per curiam

On July 31, 1984, appellant Backman pled guilty to possession with intent to distribute heroin. D.C.Code § 33-541(a)(l) (1986 Supp.).1 Pursuant to the mandatory minimum sentencing provision, id. § 33-541(c)(1), Backman was sentenced to a prison term of four to twelve years. Renewing the same argument he raised before the sentencing judge, Backman claims that, as a cocaine addict, he is eligible for waiver of the mandatory minimum sentencing requirement because he falls within the addict exception. See id. § 33-541(c)(2).2 After reviewing the statute and its legislative history, we must agree…

2Cases cited8 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. City of New Orleans v. DukesSupreme Court of the United States · 1976
  3. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  4. Peoples Drug Stores, Inc. v. District of ColumbiaDistrict of Columbia Court of Appeals · 1983
  5. Convention Center Referendum Committee v. District of Columbia Board of Elections & EthicsDistrict of Columbia Court of Appeals · 1981

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3Cited by20 opinions

  1. In Re MicheelDistrict of Columbia Court of Appeals · 1992
  2. Holiday v. United StatesDistrict of Columbia Court of Appeals · 1996
  3. Gaston v. United StatesDistrict of Columbia Court of Appeals · 1988
  4. Gethers v. United StatesDistrict of Columbia Court of Appeals · 1989
  5. In Re DulanseyDistrict of Columbia Court of Appeals · 1992

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