Is a sentence for a convicted drug dealer unconstitutional because he exercised his right to go to trial?

MultiRegion, United States of America

The following excerpt is from Fischer v. U.S., 34 F.3d 1072 (9th Cir. 1994):

Fischer argues that his sentence was unconstitutional in that he received a disparate sentence from that of his coconspirators because he exercised his right to trial. "Whether [a] harsher sentence[ ] [was] imposed as a punishment for a defendant's assertion of his right to trial is a mixed question of law and fact." United States v. Morris, 827 F.2d 1348, 1352 (9th Cir.1987), cert. denied, 484 U.S. 1017 (1988). It is undeniable that Fischer received a harsher sentence after his conviction than he would have received under the offered plea bargain. However, "the mere imposition of a heavier sentence after a defendant voluntarily rejects a plea bargain does not, without more, invalidate the sentence." Id. The sentencing court was scrupulous in avoiding giving Fischer a stiffer sentence because he went to trial, to the extent that it gave Fischer a two point reduction for acceptance of responsibility, normally reserved for defendants who plead guilty.

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