United States of America v. Adam Joseph King

Tallahassee, Florida, criminal defense lawyer represented the Defendant charged with distributing five grams

or more of methamphetamine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii).



A grand jury returned an indictment charging King with one count of distributing five grams or more of methamphetamine in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii). In a signed state ment of facts as part of a written plea agreement, King admitted that he had sold approximately 20.4 grams of methamphetamine to an undercover police officer. He pleaded guilty to the metham phetamine distribution offense as charged in the indictment.



A person who has a "prior conviction for a serious drug fel

ony” is subject to a 10-year statutory minimum if he distributes "5

grams or more of methamphetamine, its salts, isomers, and salts of

its isomers or 50 grams or more of a mixture or substance contain

ing a detectable amount of methamphetamine, its salts, isomers, or

salts of its isomers.” Id. It's undisputed that King has a prior con

viction for a serious drug felony. Even so, King argues he is not

subject to the 10-year mandatory minimum because he did not sell

pure methamphetamine. Instead, the methamphetamine he sold

was mixed with something and, according to King, it could be clas

sified only as a "mixture” containing methamphetamine and not as

"methamphetamine.” Even though the methamphetamine he sold

was 95% pure, he asserts that he sold less than 50 grams of a "mix

ture” containing methamphetamine, a quantity of drugs insuffi

cient to trigger the mandatory minimum.

Defendant sentenced to 120 months custody of BOP; 8 years S/R; $200 SMA; fine waived.



Affirmed