United States v. Moskovits

BENCH OPINION *

LOUIS H. POLLAK, District Judge.

In September of 1988, I sentenced Mr. Moskovits to a period of incarceration of seventeen years. Ten years of that sentence was on Count 8 of the indictment, which alleged possession with intent to distribute a cocaine-containing substance which was over 500 grams.

Under the statutory scheme, conviction on that count called for a mandatory sentence of five years as a minimum. The mandatory minimum under that statute is increased to ten years, where the person convicted has had a previous felony drug conviction under federal or state or foreign…