State v. Kirby

OPINION

LILLEHAUG, Justice.

Appellant Michael William Kirby was sentenced to 161 months in prison for first-degree possession of methamphetamine, Minn. Stat. § 152.021, subd. 2(a)(1) (2014). While his case was on appeal, the Drug Sentencing Reform Act (DSRA) took effect. See Act of May 22, 2016, ch. 160, 2016 Minn. Laws 576, The DSRA reduced the presumptive sentencing range under the Minnesota Sentencing Guidelines drug offender sentencing grid for Kirby’s crime. Kirby asks that he be resentenced under the sentencing grid as amended by the DSRA. Because we conclude that such re-sentencing is…