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COMMONWEALTH v. LALTAPRASAD

SJC-11970.

475 Mass. 692 (2016)

COMMONWEALTH v. IMRAN LALTAPRASAD.

Supreme Judicial Court of Massachusetts, Suffolk.

October 14, 2016.

Attorney(s) appearing for the Case

Thomas C. Maxim, Assistant District Attorney, for the Commonwealth.

Matthew R. Segal (Keith J. Nicholson, Adriana Lafaille, & Nancy Gertner with him) for the defendant.

Benjamin H. Keehn & Paul R. Rudof, Committee for Public Counsel Services, & Barbara J. Dougan, Michael B. Keating, Daniel N. Marx, & Daniel McFadden, for Committee for Public Counsel Services & others, amici curiae, submitted a brief.

Emma Quinn-Judge, Monica R. Shah, & Daniel K. Gelb, for The Constitution Project & others, amici curiae, submitted a brief.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

In this case we consider whether G. L. c. 211E, § 3 (e), authorizes a sentencing judge to depart from the mandatory minimum terms specified by statute for subsequent drug offenses. We conclude that because the Legislature has not yet enacted into law sentencing guidelines recommended...

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