State v. Le

Pursuant to a plea agreement, Defendant entered a plea of guilty to the charge of criminal distribution of dangerous drugs with intent to distribute. After a sentencing hearing, the district court imposed a six-year deferred sentence, with a $1,500 fine to be paid to the Eastern Montana Drug Task Force, and a $15,000 fine pursuant to Mont. Code Ann. 45-9-130. Defendant appealed, challenging the imposition of the $15,000 fine. The Supreme Court affirmed, holding (1) the $15,000 fine was not a sentence enhancement that violated the requirements of Apprendi v. New Jersey and Mont. Code Ann. 46-1-401; (2) the $15,000 fine did not violate Montana’s constitutional prohibition of “excessive fines”; and (3) Defendant’s double jeopardy argument, which he did not raise below, did not warrant plain error review, and Defendant was not entitled to relief pursuant to the Lenihan Rule. View "State v. Le" on Justia Law