United States v. Potter

An average “dose” of methamphetamine weighs between one-tenth and one-quarter of a gram; there are 28.3 grams to an ounce. Potter confessed to selling 10 pounds. Potter, had been convicted of seven prior drug offenses. His prior statements about his drug sales supported his conviction for a different conspiracy to distribute methamphetamine that used similar methods, 21 U.S.C. 841(a)(1), 846. His prior drug offenses supported his mandatory life sentence, 21 U.S.C. 841(b)(1)(A)(viii). The Sixth Circuit affirmed rejecting an argument that the police elicited his statements after he invoked his “Miranda” right to an attorney and violated the Edwards v. Arizona bright-line rule to stop questioning. Potter initially told the agents he did not wish to speak to them. They honored his request; it was Potter who initiated the exchange with them the next day. Before that interrogation, Potter received Miranda warnings and signed a waiver. The court also rejected arguments that the Eighth Amendment prohibited his mandatory term of life because the child-focused logic of Miller v. Alabama should expand to cover adults who commit nonviolent offenses and that the court should have sustained his relevancy and prejudice objections because his statements discussed different actors (not charged in the indictment) and an earlier time, before the indictment’s start date. View "United States v. Potter" on Justia Law