Description

This is the government's opposition to the defense's motion to inform the jury about the applicable mandatory minimum sentence associated with the charges that are accused.

The defense relies heavily on a recent decision in the Eastern District of New York which held that the jury must be informed of such sentences if the defendant requests so. The prosecution argues that the ruling is inconsistent with 9th Circuit and US Supreme Court precedent. Generally speaking, the court is not bound to precedent set in different districts or circuits and should instead follow the precedent of the Supreme Court or the Appeals Court of their circuit.

An indictment is merely an accusation of guilt by the prosecution, all defendants are entitled to a fair trial on all charges and may be acquitted.